Depósito judicial não pode ser transferido para o Executivo
Os depósitos judiciais constituem valores recolhidos sob ordem do Poder Judiciário em instituição financeira oficial para entrega a quem de direito. Dessa forma, o Judiciário tem apenas a guarda dos recursos, mas sobre eles não detém livre disponibilidade, como determina o artigo 640 do Código Civil.
Esse foi o entendimento do Conselho Nacional de Justiça ao proibir na última terça-feira (22/10) a formalização de convênio ou qualquer outro ajuste que possibilite a transferência, do Tribunal de Justiça do Estado do Paraná para o Poder Executivo estadual, de valores de depósitos judiciais e de recursos não tributários. Com a decisão, os recursos deverão permanecer em instituição financeira oficial, no caso a Caixa Econômica Federal. Na decisão, o Plenário seguiu o relator, conselheiro Saulo Casali Bahia, de maneira unânime.
Em seu voto, ele citou decisão tomada pelo Plenário do CNJ em 27 de junho deste ano, no mesmo Pedido de Providências. Na ocasião, foi ratificada liminar do então conselheiro Silvio Rocha que manteve vigência de contrato de 60 meses entre a CEF e o TJ-PR, pelo qual a instituição financeira oficial tem exclusividade na administração desses recursos.
A liminar em questão havia suspendido os efeitos do Decreto Judiciário 940/2013, do...
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