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The Board determined that the fees should be calculated at 10% of the value of the economic benefit obtained in the process.

 

The 1st Civil Chamber of the TJ/RO decided to review the attorney's fees set at R$31.23 by the first instance judge, which corresponded to 10% of the value of the sentence. The panel, by majority, reformed the sentence and determined that the fees should be calculated at 10% of the value of the economic benefit obtained in the process.

 

The case involved the termination of a contract for the construction of a metal warehouse and the seizure of a vehicle. In the 6th Civil Court of Porto Velho, Judge  Nogueira had decided to terminate the contract, ordering the company responsible for the work to return the vehicle, which had been delivered as part of the payment.

 

Furthermore, the judge ordered payment of traffic fines accumulated while the vehicle was in the company's possession, but rejected the request for compensation for moral damages, arguing that the simple breach of contract did not justify such compensation.

 

The judge set the attorney's fees at 10% of the amount of the sentence, resulting in R$31.23. Unhappy with the paltry amount, the attorney appealed the sentence, but the appeals were rejected by the judge. The case was then taken to the TJ/RO.

 

TJ/RO increases attorney fees set at R$31.23 per judge. 

In the second instance, the panel partially reformed the sentence, recognizing that the situation went beyond mere breach of contract. The judges highlighted that, in addition to not completing the work, the company sold the vehicle to third parties, which resulted in fines registered in the author's name, causing him inconvenience that justified compensation for moral damages.

 

Based on these facts, the chamber set the compensation for moral damages at R$8,000 and adjusted the attorney's fees to 10% of the value of the economic benefit, including the value of the vehicle and the fines.

 

Lawyer Johnathan Rodrigues is working on the case.

 

Process: 7089283-54.2022.8.22.0001

 

 link: https://www.migalhas.com.br/quentes/412976/apos-juiza-fixar-honorarios-em-r-31-23-tj-ro-aumenta-o-valor