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Judge Thiago da Costa came across a petition that, according to the magistrate, is poor, completely unintelligible and without legal basis. He also says that the lawyer who wrote it has no knowledge of the Portuguese language, and there is no verbal agreement in the document. Based on the facts, he understood that the OAB should be informed. Regarding the action, he ruled that it was dismissed without resolution of its merits.

 

 

Judge criticizes petition and says lawyer has no basic knowledge of Portuguese. 

The lawsuit involves a trip that was not made due to the pandemic. The plaintiff sued the airline to reschedule the ticket.

 

However, when making his decision, the judge noted that the company had already reimbursed the plaintiff, via credit card, for the amounts spent on the flight. Therefore, there was no need to reschedule the flight.

 

For the judge, there was bad faith litigation, since the author altered the truth of the facts, failing to inform that the refund had been made. "But that's not all, he sought to achieve an illegal objective, namely, to enrich himself illicitly."

 

Furthermore, the judge drew attention to a series of errors found in the petition. According to the judge, the document is "poor and not at all intelligible", and the lawyer lacked diligence, since the document was not even formatted. He listed the problems he saw:  i) there is an apparent request for moral damages, which can be inferred from the name given to the action, but the request is not included in the grounds;  ii) he promoted the action through the common procedure, but argued for the application of the procedure by the Small Claims Courts;  iii) he does  not know the Portuguese language, making a variety of mistakes, and there is no verbal agreement.

 

"In short, the lawyer does not know how to write, does not know the minimum rules of the Portuguese language. His petition is poor and not at all intelligible. Regarding the grounds, it is clear that there is no legal basis for the request, but only the compilation of articles of law, without due correlation with the case. (...) The lawyer who signed the initial petition is certainly not the one called upon by art. 133 of the Constitution."

 

After ordering the OAB to be notified, the judge dismissed the case without analyzing its merits. The plaintiff will have to bear the legal costs and expenses, fees, and a fine for bad faith litigation.

 

Read the decision .

Praise

 

In the same decision, the judge praises the opposing party's defense.

 

At the outset, I consider it essential to praise the excellent defense presented by the firm LBCA  47/64), with forceful, objective and clear arguments, defending its client with surgical precision, doing justice to the important status of the legal profession conferred by article 133 of the Federal Constitution.

 

link: https://www.migalhas.com.br/quentes/362731/juiz-diz-que-advogado-nao-sabe-escrever-e-oficia-oab--peticao-ruim