Processo civil
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Agravo Regimental em Recurso Especial. Processual Civil. Ação de reintegração de posse. Pedido de usucapião formulado na contestação. Impossibilidade. Reconhecimento de domínio em ação possessória. Inviabilidade. Precedentes. 1. Esta Corte Superior já decidiu que, em sede de ação possessória é inviável a discussão a respeito da titularidade do imóvel sob pena de se confundir os institutos, ou seja, discutir a propriedade em ação possessória. Precedentes. 2. Na pendência do processo possessório é vedado tanto ao autor como ao réu intentar a ação de reconhecimento de domínio, nesta compreendida a ação de usucapião (art. 923 do CPC). 3. Agravo regimental não provido. (STJ - Ag. Regimental no Rec. Especial n. 1389622/SE - 4a. T. - Ac. unânime - Rel.: Min. Luis Felipe Salomão - Fonte: DJ, 24.02.2014).
Processual Civil. Valor da causa. Competência absoluta do Juizado Especial Federal (art. 3o, caput, e § 3o da Lei 10.259/2001). Litisconsórcio ativo. Valor individual de cada litisconsorte. 1. O valor dado à causa pelo autor fixa a competência absoluta dos Juizados Especiais (cf. AgRg no AREsp 384.682/ SP, Rel. Ministro Mauro Campbell Marques, DJe 07/10/2013; AgRg no AREsp 349.903/RJ, Rel. Ministro Castro Meira, DJe 12/09/2013; AgRg no REsp 1373674/SC, Rel. Ministro Herman Benjamin, DJe 19/09/2013). 2. Segundo precedentes deste Superior Tribunal "em se tratando de litisconsórcio ativo facultativo, para que se fixe a competência dos Juizados Especiais, deve ser considerado o valor de cada autor, individualmente, não importando se a soma ultrapassa o limite dos 60 (sessenta) salários mínimos" (AgRg no REsp 1376544/SP, Rel. Ministro Humberto Martins, DJe 05/06/2013). 3. Agravo regimental não provido.
(STJ - Ag. Regimental no Rec. Especial n. 1358730/SP - 2a. T. - Ac. unânime - Rel.: Min. Mauro Campbell Marques - Fonte: DJ, 26.03.2014).
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