Connection between basis and merit prevents termination from being denied by ...

nila44

The preliminary rejection of a rescission action whose basis is confused with the merits of the action is impossible, even when the judge considers it evident that there has been no violation of the law. The understanding applied by the 3rd Panel of the Superior Court of Justice when determining that the Court of Justice of Pernambuco receive an initial petition for a rescission action that had been dismissed outright.


For the rapporteur of the case, Minister Nancy Andrighi, if a rescission action based on violation of a literal provision of law is applicable, the initial petition must be received. “From then on, only with the analysis of the B2B Lead merits will it be possible to say whether the necessary requirements for the effective termination of the judgment are in fact present.”

“In particular, the monocratic decision of the reporting judge, despite the rejection of the initial petition, in practice represented a judgment that the request was unfounded, but without there being procedural legal training, through the summons of the adverse party, as well as without giving the opportunity to author, now appellant, the eventual demonstration of her allegations”, said the minister, citing precedents from the STJ.

Leasing
Originally, a fuel distributor filed a compensation claim against a financial institution due to monetary differences in leasing contracts signed in the 1990s.

The request was accepted and, after the conviction became final, the finance company proposed the rescission action, alleging that the decision violated federal law and the jurisprudence of the STJ.



Now, with the STJ's decision, the Court of Justice of Pernambuco must analyze the case again, opening up the opportunity for contradictory proceedings and broad defense. With information from the STJ Press Office.