- Início
- Livros E Revistas
- Posse E Domínio. Aspectos Pertinentes À Perícia Judicial
- Das Ações Possessórias
Interdito Proibitório
Autor | Antonio Sérgio Liporoni - Odair Martins Benite |
Páginas | 54-55 |
Page 54
Tem seu fundamento legal no art. 932 do CPC, com a redação: "O possuidor direto ou indireto, que tenha justo receio de ser molestado na posse, poderá impetrar ao juiz que o segure da turbação ou esbulho iminente, mediante mandado proibitório, em que se comina ao réu determinada pena pecuniária, caso transgrida o preceito". Vejam que o artigo faculta ao possuidor direto ou indireto socorrer-se por esta via, ao ser apenas molestado, requerendo ao juiz a proteção imediata geralmente com um pedido liminar e a aplicação de multa àquele que o estiver molestando.
No comentário a este artigo, Theotonio Negrão, em sua obra "Código Civil e Legislação Processual em vigor", lembra: "Verificada a moléstia à posse, transmuda-se automaticamente o inter-dito proibitório em ação de manutenção ou de reintegração, bastando apenas que a parte comunique o fato ao juiz" (RT 490/75).
Page 55
Conforme bem colocado por José Eduardo Narciso no seu trabalho "Perícias Judiciais em Questões de Terras e Ações Diver-sas", a conceituação dessa ação é: "Destina-se a proteger a posse apenas ameaçada. É proteção preventiva da posse na iminência ou sob ameaça de ser molestado. Visa principalmente impedir que se consume a violação da posse. Define-se como remédio possessório contra a turbação ou esbulho".
E...
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