exercÍcio web-aula prÁtica simulada i

7/22/2019 EXERCCIO WEB-AULA PRTICA SIMULADA I

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PRTICA SIMULADA I PROF MRCIO MARQUES

ALUNO: RODRIGO MORAES MAT.: 2011.01.424389

WEB AULA 01

Articulao Teoria e Prtica. Os elementos da Petio Inicial; Estrutura dePetio Inicial.

A Petio InicialEstruturas de petio inicial.A petio inicial1. ConceitoA petio inicial, instrumento de demanda, a pea escrita na qual o autor formula o

pedido de tutela jurisdicional ao Estado-juiz, para que dia o direito no caso concreto.

!. Elementos"e#e ela indicar $art. !%! do CPC&'I - o juiz ou tri(unal a que diriida $E) CAI*A A+A&.II - as partes, autor e ru $)E/ E) CAI*A A+A& 0 e a sua qualificao

$nacionalidade, estado ci#il, profisso, domiclio e resid2ncia&.(s.' Apesar de no ser requisito constante do inciso II a incluso dos n3meros de

Cadastro de Pessoas 4sicas e do 5eistro 6eral, sempre con#eniente inclu-los napetio inicial, seja pela identificao correta das partes, seja para e#itar risco de7om8nimos, ou no caso mais comum, por o(riatoriedade da Correedoria 6eral de 9ustiana maioria dos Estados.

III - o fato e os fundamentos jurdicos do pedido, isto , a causa de pedir e o ne:oque, ao #er do autor, e:iste entre ela e o efeito jurdico afirmado ou, em outras pala#ras, oporqu2 do pedido.

I; - o pedido, com as suas especificaria,

declarat>ria, constituti#a ou desconstituti#a, cominat>ria ou e:ecuti#a lato sensu& e o o(jetomediato $o(jeto da pretenso de direito material&?

= o o(jeto certo e determinado, ressal#adas as 7ip>teses de admissi(ilidade de

pedido mediato enrico arroladas no art. !%@ do CPC?= a cominao pecuniria para o caso de descumprimento da sentena, se o autorpedir a condenao do ru a a(ster-se da prtica de alum ato, a tolerar aluma ati#idade,ou a prestar fato que no possa ser realizado por terceiro $art. !%B&?

= da mesma forma, ateno para as 7ip>tese dos arts. @1 e seus parrafos e @1-A, am(os do CPC?

= em caso de pedido de antecipao de tutela, este ser o primeiro item do pedido,sendo necessria a pr#ia fundamentao, na causa de pedir, dos moti#os de suanecessidade, com 2nfase na pro#a inequ#oca que con#ena o juiz da #erossimil7ana dasalea


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;II - o requerimento de citao do ru $arts. !1D, !1G, !!!, !! e !D1&.(s.' A inicial de#er ser acompan7ada de uma c>pia e:tra da petio para ser#ir

de contra-f, no ato da citao, instruindo o mandado.;III 0 a declarao do endereo em que o ad#oado rece(er intima


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$)E "A PA5E A5A&, nacionalidade, estado ci#il, profisso, portador dacarteira de identidade n..., e:pedida pelo..., inscrita no CP4K)4 so( o n..., residente

$endereo completo&, por seu ad#oado, com endereo profissional $endereo completo&,#em a este juzo, propor

ARS TTTTTTT,

pelo rito TTTTTTT, em face de $)E "A PA5E 5U&, nacionalidade, estado ci#il,

profisso, portador da carteira de identidade n..., e:pedida pelo..., inscrita no CP4K)4 so( on..., residente $endereo completo&, pelas raz


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!A"O !O#!$ETO

4rederico, (rasileiro, casado, residente em 4ortaleza, Cear, foi surpreendido com

uma liao e:iindo o paamento da importncia de 5LDJJ.JJJ,JJ $trezentos mil reais&pelo resate de sua fil7a, 9ulia, que aca(ara de ser sequestrada.

s sequestradores, no dia 1D de janeiro de !J1, en#iaram para resid2ncia de 4rederico umpedao da orel7a de sua fil7a, esta acompan7ada de um (il7ete afirmando que caso noefetuasse o paamento do resate sua fil7a seria de#ol#ida sem #ida.

4rederico, desesperado com a possi(ilidade do assassinato de sua fil7a, e tendo arrecadadoapenas 5L !!J.JJJ,JJ $duzentos e #inte mil reais&, no dia 1@ de janeiro de !J1, #endeu seu3nico im>#el situado em 4ortaleza, Cear, pelo #alor de 5L %J.JJJ,JJ $oitenta e mil reais&

para sua prima, 6eo#ana, residente em /al#ador, Va7ia, ressaltando que o paamento foiefetuado no ato da cele(rao do contrato, e que 6eo#ana desde o incio da neociaoesta#a ciente do sequestro da fil7a de seu primo e da necessidade deste em arrecadar o#alor e:iido como resate.

Esclarece ainda que o im>#el em questo trata-se de uma casa de J $quatro& quartos, compiscina, sauna, duas salas, cozin7a, depend2ncia de empreada, em condomnio fec7ado,tendo como #alor #enal, a importncia de 5L !%J.JJJ,JJ $duzentos e oitenta mil reais&.

corre que no dia !J de janeiro de !J1, ou seja, JB $sete& dias ap>s a cele(rao do

contrato e antes do paamento do resate, a fil7a de 4rederico foi encontrada pela policiacom #ida. Assim, diante do acima e:posto e o no paamento do resate, 4rederico entrouem contato com 6eo#ana desejando desfazer o ne>cio cele(rado, contudo no lorou2:ito.

4rederico l7e procura na qualidade de ad#oado, solicitando medida judicial para a anulaodo contrato cele(rado com 6eo#ana.

Ela(ore a pea processual ca(#el.

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WEB AULA 0%

!A"O !O#!$ETO

Ant8nio e )aria am(os residentes em ;ila ;el7a, Esprito /anto, procuraram #oc2,

ad#oado $a&, para promo#er medida judicial para resuardo de seus interesses, narrandoque seus pais, 9air e 4l#ia, residentes em ;it>ria, Esprito /anto, no escopo de ajudar ofil7o mais no#o 9oaquim, que no possua casa pr>pria, #enderam-l7e (em im>#el, sem oconsentimento dos demais descendentes e , causando aos mesmos, efeti#o prejuzoconforme demostrado. im>#el alienado situa-se em ;it>ria, Esprito /anto, onde 9oaquimpassou a residir. #alor ajustado para a cele(rao do ne>cio jurdico foi de 5L!JJ.JJJ,JJ$duzentos mil reais&, atra#s de Escritura de Compra e ;enda la#rada no dia !J dedezem(ro de !J1D, no Cart>rio de fcio de otas da Comarca de ;it>ria e de#idamentetranscrita no respecti#o 5eistro 6eral de Im>#eis.

Ant8nio e )aria esclarecem ainda que no concordam com o mencionada #enda, uma #ezque o #alor de mercado do im>#el, na poca da realizao do ne>cio jurdico era de5LFJ.JJJ,JJ $quatrocentos e cinquenta mil reais&.

Ela(ore a pea processual ca(#el para resuardo dos direitos de seus clientes..

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WEB AULA 0&

!A"O !O#!$ETO

$Pro#a Prtico Profissional AV ;I E*A)E - !F.JD.!J1! - adaptado&

4(io, residente em ;it>ria, Esprito /anto, em jun7o de !J1D, diriindo em(riaado e sem7a(ilitao na cidade em que reside, causou, com culpa e:clusi#a sua, um acidente detrnsito no qual danificou o carro de )arlW e lesionou ra#emente o passaeiro Oeron,so(rin7o de )arlW, com 1! anos de idade. +oo em seuida, no mesmo m2s, pretendendoresuardar seu patrim8nio de uma poss#el ao judicial a ser intentada por )arlW eKouOeron para compensao dos danos sofridos, 4(io transmitiu todos os seus (ens,a#aliados em 5L !FJ.JJJ,JJ, ratuitamente, a Ant8nio, amio de lona data que, mesmosa(endo da inteno maliciosa de 4(io, concordou em au:ili-lo.;oc2, ad#oado, foi procurado por )arlW e pela me de Oeron, Ana )aria, para ela(orao

de medida judicial ca(#el para defesa de seus interesses. "estaca-se que tanto )arlWquanto Oeron tam(m residem em ;it>ria.

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WEB AULA 0'

!A"O !O#!$ETO

$D E:ame de rdem - AVK59 - !X 4ase - Pea Profissional - Ci#il- Adaptado&

Em, JF de aosto de !J1D, Ant8nio adquiriu de 9oo o #eculo ;Y 6ol, anoKmodelo !J1!,

placa ** JJJJ, pelo #alor de 5L DJ.JJJ,JJ $trinta mil reais&, tendo efetuado o paamento da

compra H #ista.

o m2s seuinte H aquisio, Ant8nio efetuou a transfer2ncia do #eculo junto ao "E5A

de sua cidade, tendo pao, alm da respecti#a ta:a, multas por #iolao Hs normas de

trnsito, no #alor de 5L .JJJ,JJ $quatro mil reais&.

o dia !G de dezem(ro de !J1D, o #eculo foi apreendido por ordem do deleado de polcia,

por ter sido o(jeto de furto na cidade de /o Paulo.

odas as tentati#as para soluo ami#el quanto ao ressarcimento restaram frustradas,

notadamente em #irtude de 9oo ter transferido sua resid2ncia para o 5io de 9aneiro, no

endereo constante da consulta feita junto ao >ro estadual de trnsito.

"iante da situao 7ipottica apresentada, propon7a, na qualidade de ad#oado constitudo

por Ant8nio, a medida judicial que entender ca(#el para a proteo dos interesses de seu

cliente, a(ordando todos os aspectos de direito material e processual pertinentes e

atentando para todos os requisitos leais e:i#eis.

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WEB AULA 0(

!A"O P$)TI!O

Carlos, (rasileiro, solteiro, aposentado, residente no municpio de /o Paulo, tem sua sa3demuito frailizada e, preocupado com o seu futuro e de sua rande compan7eira, sua cadelada raa WorZs7ire, ina, resol#eu fazer um contrato de doao de um de seus im>#eislocalizado na cidade de au(at, /o Paulo, no #alor de 5L DFJ.JJJ,JJ $trezentos ecinquenta mil reais&, para sua so(rin7a )arcela, (rasileira, solteira, empresria, tam(mresidente em /o Paulo.

contrato foi assinado, em !J de jul7o de !J1D, e a 3nica e:i2ncia de Carlos, foi que paraque a doao se concretizasse, )arcela de#eria, pelo perodo de D $tr2s& anos $a contar dacele(rao do contrato& comparecer na resid2ncia do doador, tr2s #ezes por semana, para

oranizar a rotina da casa, dar as ordens para a empreada e a cuidadora, #erificar asnecessidades para as compras da semana e le#ar a cadela ina ao pet shoppara o (an7osemanal.

o momento da cele(rao do contrato de doao, a donatria, )arcela, concordou comtodas as e:i2ncias feitas pelo doador. Acontece que somente nos dois meses seuintes,)arcela compareceu na resid2ncia do doador para realizar seus encaros assumidosquando da doao.

Assim, passados quase sete meses da cele(rao do contrato e da inrcia da donatria,

em(ora formalmente e judicialmente notificada de que no esta#a cumprindo seu encaro,Carlos, procura #oc2 ad#oado para que ela(ore a medida judicial ca(#el para a defesa deseus interesses.


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WEB AULA 0*

!A"O !O#!$ETO.

)ario, (rasileiro, solteiro, residente em 5ecife, Pernam(uco, eneticamente nascido so( ose:o masculino, desde os seus 1@ anos de idade $7oje, encontra-se com J anos&, no sesentia confort#el com a sua natureza (iol>ica. Assim, nos 3ltimos anos, realizou di#ersascirurias plsticas e estticas de carter tipicamente feminino. A sua apar2ncia fsicacontrasta com o nome e o reistro que possui.

arra ainda que se sente e:tremamente discriminado pela sociedade, pois acredita ternascido num corpo que no corresponde ao 2nero por ele e:teriorizado social, espiritual,emocional, e se:ualmente. O aluns meses realizou a ciruria de transenit0alizao eap>s esta requereu junto ao 5eistro Ci#il de Pessoas aturais a respecti#a alterao,

entretanto, o requerimento foi neado pelo cart>rio.

"iante do ocorrido, )ario, procura #oc2, ad#oado para ela(orar a pea processual ca(#elaos seus interesses.

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WEB AULA 0+

!A"O !O#!$ETO

Paulo, residente em ;olta 5edonda, 5io de 9aneiro, adquiriu, a ttulo oneroso, de Carlos

Al(erto e /8nia, casados, im>#el localizado em Ca(o 4rio, 5io de 9aneiro, pelo preo de 5L!FJ.JJJ,JJ $duzentos e cinquenta mil reais&, paos interalmente no ato da realizao daescritura, em DJ de jun7o de !J1D, a qual foi de#idamente reistrada junto ao competente5eistro 6eral de Im>#el./eundo uma das clusulas da escritura de compra e #enda, os #endedores permaneceriamna posse do im>#el pelo prazo de @ $seis& meses a contar da data da realizao do contrato.4indo o tempo, o casal desocuparia o (em e entre-lo-ia ao adquirente.

oda#ia, Carlos Al(erto e sua mul7er no desocuparam o im>#el at a presente data,tampouco atenderam H notificao en#iada por Paulo acusando a o(riao descumprida.;ale ressaltar que Paulo foi comunicado pelo seu empreador de que ser transferido no prazode !J dias para uma filial situada em Ca(o 4rio o que ara#a mais sua situao, pois no temcondi#el. A resid2ncia em ;olta 5edonda aluada e seencontra #encido o prazo para restituio do (em ao proprietrio.a qualidade de ad#oado$a& contratado por Paulo, promo#a a medida judicial que entenderca(#el a fim de satisfazer o direito do seu cliente para a imisso na posse do im>#el.

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!A"O !O#!$ETO

EXCELENTSSIMO SENHOR DOUTOR JUIZ DE DIREITO DA (COLOCAR A VARA PARA A QUAL A AO FOIDISTRIBUDA)

Pro!""o #$ ...

(NOME DA PARTE R%)& ' *+,--+/+& 0!1 2or "!* +/0o3+/o& o1 !#/!r!4o 2ro-""-o#+,(!#/!r!4o o12,!5o)& #o" +*5o" /+ AO 666666666& *! 5r+1-5+ 2!,o r-5o 66666666& 1o0-/+ 2or (NOME DAPARTE AUTORA)& 0!1 + !"5! '*78o& o!r!!r9

CONTESTAO&

2+r+ !:2or ! r!*!r!r o *! "!3*!9

PRELIMINARMENTE (+r5. ; /!!"+" 2ro!""*+-")

NO M%RITO (+r5". ;


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