Decisão da Presidência nº 738861 de STF. Supremo Tribunal Federal, 26 de Marzo de 2014
Data | 26 Março 2014 |
Número do processo | 738861 |
Decisão: Vistos.
O Plenário desta Corte concluiu, em sessão realizada por meio eletrônico, no exame do RE nº 594.015/SP, Relator o Ministro Marco Aurélio (Tema 385), pela existência da repercussão geral da matéria constitucional versada nestes autos.
Discute-se, à luz do art. 150, VI, a, da Constituição Federal, se a imunidade tributária recíproca alcança, ou não, terreno localizado em área portuária pertencente à União, objeto de contrato de arrendamento.
Nas Questões de Ordem suscitadas no AI nº 715.423/RS e no RE nº 540.410/RS, o Plenário deste Supremo Tribunal Federal concluiu pela possibilidade da aplicação da norma do artigo 543-B do Código de Processo Civil aos recursos extraordinários e agravos de instrumento que tratem de matéria constitucional com repercussão geral reconhecida por esta Corte, independentemente da data de interposição do apelo extremo.
Ante o exposto, afasto o sobrestamento de fl. 301 e dou provimento ao agravo para admitir o recurso extraordinário e, nos termos do artigo 328 do Regimento Interno do Supremo Tribunal Federal, determino a devolução destes autos ao Tribunal de origem para que sejam apensados aos autos originais, devendo ser aplicado, quanto ao apelo extremo ora admitido, o disposto no artigo 543-B do Código de Processo Civil.
Publique-se.
Brasília, 26 de março de Ministro Dias Toffoli Relator Documento assinado digitalmente
Partes
Recte.(s) : Renato Alfonso Dilken
adv.(a/S) : Anilse de FÁtima Slongo Seibel e Outro(a/S)
recdo.(a/S) : Instituto Nacional de Seguro Social - Inss
proc.(a/S)(Es) : Procurador-Geral Federal
adv.(a/S) : Ricardo Felipe Seibel
Observação
DJe-066 DIVULG 02/04/2014 PUBLIC 03/04/2014
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