Exigência de depósito só deve ocorrer sem ato voluntário
O depósito de garantia somente pode ser exigido se o devedor não pagar voluntariamente o valor estabelecido em sentença. Obrigar o pagamento sem dar essa oportunidade viola o procedimento legal, conforme decisão da 3ª Turma do Superior Tribunal de Justiça.
O colegiado reverteu uma decisão anterior do Tribunal de Justiça de São Paulo, que havia recebido uma manifestação de discordância sobre cálculo do valor da condenação como impugnação à execução. A empresa de seguros devedora questionou a inclusão de encargos que entendia indevidos, feita por um contador judicial. Isso fez o juiz do caso conceder prazo de cinco dias para a garantia.
O Código de Processo Civil dá prazo de 15 dias, a partir da intimação, para o cumprimento de sentença. Até o fim desse prazo, o pagamento é considerado espontâneo e, portanto, isento, entre outras consequências, de honorários da fase de cumprimento e da multa de 10% estabelecida no artigo 475-J do CPC.
Por essa razão, a relatora no STJ, ministra Nancy Andrighi, avaliou que abreviar o período impõe ônus que poderia ser...
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