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She reported that she was approached by the professional, who arranged transportation and food for her and others on a visit to his office.

From the Editors

 

Thursday, September 5, 2024

 

Updated at 09:46

 

In a decision handed down by the Civil Court of PR, Judge Guilherme de Andrade Orlando dismissed a lawsuit for recovery of undue payment and moral damages due to the plaintiff's lack of authorization to file the lawsuit. The dismissal occurred after confirmation that the lawyer in charge, whose registration was suspended by the OAB, had acted without the client's express consent, which compromised the procedural validity.

 

The certificate attached to the case records states that the plaintiff appeared at the registry office after being summoned to clarify whether she had granted powers to the lawyer to represent her in the case. She reported that she was approached by the professional, who arranged transportation and food for her and other people during a visit to his office.

 

During the meeting, the lawyer consulted about financing on behalf of the author, informing her that there were no outstanding issues, but insisted on obtaining her INSS card and password, which was refused.

 

Furthermore, the plaintiff stated that she signed the power of attorney at the insistence of her lawyer and other people who were present, without having fully understood the nature of the act. She subsequently requested that the case be closed, claiming that she had never authorized the opening of the action in her name.

 

 

Excerpt from the certificate. (Image: Reproduction)

In view of this situation, the judge concluded that the proceedings lacked essential prerequisites for their existence, since the procedural legal relationship was not duly established. Based on article 485, IV, of the CPC, the lawsuit was extinguished without resolution of the merits.

 

The lawyer, in addition to being suspended by the OAB, was ordered to pay the defendant's legal costs and attorney's fees, set at 10% of the updated value of the case.

 

Process: 0000504-37.2022.8.16.0091

 

 link: https://www.migalhas.com.br/quentes/414649/acao-e-extinta-apos-advogado-suspenso-atuar-sem-consentimento-da-parte