Decisão Monocrática nº 1676-2/2010 de TJBA. Tribunal de Justiça do Estado da Bahia, Terceira Câmara Cível, 3 de Marzo de 2010
Magistrado Responsável | Carlos Alberto Dultra Cintra |
Data da Resolução | 3 de Marzo de 2010 |
Emissor | Terceira Câmara Cível |
Tipo de Recurso | Mandado de Segurança |
TERCEIRA CÃMARA CÃVEL
MANDADO DE SEGURANÃA N° 0001676-22.2010.805.0000-0, DE ILHÃUS
IMPETRANTE: EDVALDO VIEIRA DE ALENCAR
ADVOGADO: EDVALDO VIEIRA DE ALENCAR
IMPETRADO: JUIZ DE DIREITO DO JUIZADO ESPECIAL CIVEL DE ILHEUS â EXTENSÃO
UESC
RELATOR: DES.CARLOS ALBERTO DULTRA CINTRA
DECISÃO
Tratam os autos de Mandado de Segurança tombado sob o n° 0001676-22.2010.805.0000-0, impetrado por Edvaldo
Vieira de Alencar em face do Juiz de Direito do Juizado Especial CÃvel da
Comarca de Ilhéus, extensão UESC, com escopo de que lhe seja deferido de imediato o benefÃcio da gratuidade da justiça nos autos de origem, para que possa ter acesso à instância jurisdicional superior, para processamento e julgamento do Recurso Inominado interposto contra a sentença de 1° grau.
Ocorre que, da perfunctória análise que se faz dos autos, percebo a incompetência absoluta desta Corte para o processamento e julgamento do presente mandamus, uma vez que a autoridade coatora é juiz de direito de Juizado Especial, e a irresignação da parte é contra ato exarado no próprio processo de origem, que culminou no indeferimento do benefÃcio da gratuidade da justiça.
Isto porque, a Resolução n° 12/2007, que aprova o Regimento Interno do Sistema dos Juizados Especiais do
Estado da Bahia bem delimita a competência das Turmas Recursais neste sentido, em seu artigo 79:
Art. 79. As...
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