Post by account_disabled on Mar 16, 2024 4:33:48 GMT -6
As fees are also due in appeals against a decision made in compliance with a sentence, the Court of Justice of the Federal District established a thesis in favor of lawyers and increased the fees to 12% in a recently analyzed case. The 5th Civil Panel of the court found that there was an omission in the decision that did not increase the fees set by 10% by the first instance in the analysis of the interlocutory appeal.
The law firm Pisco e Rodrigues B2B Lead Advogados acted on the case and filed motions for clarification pointing out the omission. For the rapporteur of the case, judge Robson Barbosa de Azevedo, considering that the increase in fees is provided for in article 85, paragraph 11, of the new Code of Civil Procedure, the increase must apply to the previously fixed amount. He considered the additional work and zeal in conducting the process to convict the aggravating party, who was unsuccessful in the litigation.
In the specific case, the monocratic decision judged the challenge to compliance with the sentence and partially accepted the request to order an insurer to correct the outstanding premium installments due to an insured party. The decision also determined that the remaining balance would be subject to a fine of 10% and legal fees of 10%. The company filed an appeal against this decision, which was later dismissed.