Agravo Interno
Autor | Manoel Antonio Teixeira Filho |
Ocupação do Autor | Advogado |
Páginas | 433-433 |
Page 433
No sistema do CPC, das decisões proferidas pelo relator caberá agravo interno (art. 1.021). Com vistas a isso, o agravante deverá observar, em relação ao procedimento, as regras do regimento interno do tribunal que será o órgão ad quem (ibidem).
Incumbe ao agravante, em sua petição, impugnar de modo específico os fundamentos da decisão agravada (ibidem, § 1.º).
Em termos gerais, o procedimento é o seguinte:
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o agravo será dirigido ao relator, que intimará o agravado para manifestar-se no prazo de quinze dias (ibidem, § 2.º);
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decorrido o prazo, com ou sem manifestação do agravo o relator poderá retratar-se, caso em que o agravo ficará prejudicado;
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se o relator não se retratar, deverá levar o agravo a julgamento, pelo colegiado, mediante inclusão em pauta (ibidem, § 2.º);
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o relator não poderá se limitar a reproduzir os fundamentos da decisão agrava, para efeito de rejeitar o agravo interno (ibidem, § 3.º);
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se o agravo for declarado manifestamente inadmissível ou “improcedente”, em votação unânime, o colegiado, mediante decisão fundamentada, condenará o agravante a pagar ao agravado multa de um a cinco por cento do valor atualizado da causa (ibidem, § 4.º). Mesmo que o CPC não exigisse a fundamentação do acórdão que declarasse o agravo interno inadmissível ou “improcedente”, a fundamentação seria indispensável, sob pena de nulidade ex vi do disposto no art. 93, IX, da Constituição Federal;
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a interposição de...
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