For Attila Andrade de Castro,

court of law in the region of Belo Horizonte (MG).

A fter decades of power, some of the most famous tyrants of our time have been expelled from their palaces located in North Africa by the force of the popular movement.

N Cairo, Tripoli and Tunis population realized that one should not give power to those who do not offer consideration. Began somewhat timidly the revolution that became known as Spring and Arab movement was taking shape, form and substance, crossing boundaries and changing a reality that seemed immutable.

And hile so entrenched in their palaces, the dictators of duty turned a deaf ear to the voice of the streets. They said it was conspiracy of Western powers, that the alleged revolt was only isolated movements and not given up the power they considered legitimate. They continued to dine on gold silverware, traveling in private planes and intercontinental enjoy all the luxury and comfort that provides the power.

N will hear the alert. Not negotiated nor were willing to give up privileges, nor to provide decent services to their "subjects." The result everybody knows. They were all banished from their strongholds, expelled, arrested and killed.

W hat the similarity of this historic moment with the Brazilian judiciary?

It is apparent dissatisfaction of all segments of society with the Brazilian courts. The service is unreliable, inefficient, craft, does not provide legal certainty and is too much randomness, both in content and in terms of decision-making procedure, it is always subject to the idiosyncrasies of the judge receiving the case.

J grease to it the absolute weight of a lack of investment in technology and training servers. The result everyone knows: slow justice - and thus often unfair - expensive and unproductive.

The company has realized the seriousness of the problem. There is no country subjected to Western standards of civilization that can grow and progress and no society to remain healthy with the service provided by the judiciary today.

And hile this, where are the members of the power that could - and should - change this state of affairs?

M any are in their "castles", fighting for fractions of power, medals, titles and privileges. They do not hear the voice of the streets and do not even show permeable to external criticism and social demands.

P bond, but gave it all to anonymous and silent conspirators who want to weaken the power. Also do not admit to never give up luxuries which currently are not justified, as two annual leave.

C Hegai to the absurdity of quietly promoting a dispute between judges deaf high school in the state courts and federal courts segments of the "privilege" of using the term "judge", as if the treatment was the judge give him wisdom and ensure the expeditious adjudication that people crave.

T also commonly not seen by associations representing judges proposed modernization, incorporating technology, optimization and simplification of procedures and work routines to meet minimum standards of quality and efficiency. We continue, as for centuries, reproducing decision models and terms of audience who were already used in the times of the Inquisition.

And nfim, it was clear that self-criticism does not change as legitimate and desired by our society are not implemented from the inside out, will surely come from the outside. The CNJ is the first example.

P or right, if we remain deaf and motionless, oblivious to what happens around us, we will in the end, driven from our castles, as desired without our titles, decorations and commendations.

And just rough it also may not be as dead animals and buried in a shallow grave in the desert.

Q ue self-criticism before the end take care of our environment and society the judiciary has finally you deserve! (Date: 10/28/11, Source: EspacoVital)

The Fourth Chamber of the Superior Court of Justice (STJ) in a unanimous decision, affirmed the impossibility of wage garnishment and reformed the Court of Justice of the Federal District (TJDF), who had admitted blocking 30% of the fee deposited in the account a debtor's bank.

After the first instance decision, which ignored the legal personality of the debtor company and ordered the blocking of bank accounts, both on behalf of the company as a partner, a partner - which is a public servant - filed request for reconsideration to have your account unlocked. According to her, except for the salaries were not deposited into your checking account only, which have alimony.

The judge granted the request for partial reconsideration and released 70% of the amount paid as salaries. Firm partner TJDF resorted to, which upheld the decision of the trial court.

In the special feature, the server argued that it is illegal to lock your salary and pointed violation of Article 649, paragraph IV of the Code of Civil Procedure (CPC), which considers "absolutely unattachable 'salaries, allowances, wages, salaries, wages, retirement income, pensions, annuities, municipalities and other funds of character food.

The rapporteur of the resource minister, Luis Felipe Solomon noted that the jurisprudence of the Supreme Court has interpreted the term "wages" broadly. In this interpretation, all claims arising from professional activities are included in the protected category. In his opinion, he cited several precedents related to the topic.

For him, the decision of the Court of Justice of the Supreme Court against peaceful understanding, because the attachment is inadmissible even amounts received by way of severance of employment contract, deposited on current account intended to receive salaries, although these funds are applied to investment funds in the bank for better utilization of the deposit.

He concluded that "it is possible to pledge online current account of the debtor, except for values ​​that come from food deposits manifest character, as in the case, the values ​​realized by way of salary."

Therefore, the Panel upheld the appeal and acknowledged the special immunity from seizure of figures for salary received by the server. (Resp 904774, Source: www.stj.gov.br , consulted on 25/10/2011)

The First Section of the Superior Court of Justice (STJ) has ruled that income tax is not levied on interest on late payments used to offset debts arising from convictions labor. Section understood by majority that the default interest does not represent an increase in equity from the lender. The interest not only fix the time the beneficiary was deprived of good, but also punitive damages. The jurisprudence of the Supreme Court, does not focus on IR damage.

The matter was tried in the rite of repetitive resources, which serves to guide other courts. Prevailed in the trial of the dissenting minister Asfora Cesar Rocha, for whom the default interest are not taxable because they represent simple income or equity increase. This interest, according to the minister, are intended to compensate damage and imitated, which are not taxable because they are not identifiable types of income compensation.

In the view of the divergence is not the legal name that defines the incidence of tax on interest arrears, but the legal nature of money to receive. To the Minister Cesar Rocha, generally impose tax on interest on arrears always implies that the compensation would be rewarding taxable income, "which is not true," he said, because the lender of prime importance could apply the money in various investments , taxable or not.

The appeal was filed by the analyzed against a decision of the Federal Court of the 4th Region (TRF), which found that IR does not focus on the nature of money damages. By four votes to three, the Section does not hear the appeal, holding the decision of the TRF. Ministers voted this way Arnaldo Esteves Lima, Cesar Rocha Asfora, Campbell and Humberto Mauro Martins.

The rapporteur of the case was the minister Albino Zavascki Theory, which was won at trial, together with the ministers Benedito Goncalves and Benjamin Herman. For the rapporteur, although the nature of funding received for damages, interest on late addition to equity real cause of the creditor, since this payment is not intended to cover any kind of consequential damages. So he understands that the interest is taxable in accordance with Articles 43 of the National Tax Code (CTN) and 16 of Law 4.506/64. (Resp 1227133, Source: www.stj.jus.br , consultation 25/10/2011)

The 6th Civil Chamber of the TJRS condemned the airline GOL to pay compensation for the delay of about 20 hours for shipment. The couple who filed the action lost two vacation days because of atraso.O request was denied in a high school and, upon appeal, the justices determined the payment of compensation in the amount of $ 5,000 for each of the authors. If couples narrated that in July 2007 made an aerial tour contract with GOL. The journey from Porto Alegre was bound for Macedonia. However, what was to be leisure, turned disorder. According to the plaintiff couples in the airport, stood in line for hours to check in, the flight was rescheduled twice and ended up coming to Macedonia about 27 hours after the contractor, which caused the loss of two days of their férias.Os Authors sue for compensation for moral and material damages.

(...)

In TJRS, the justices of the 6th Civil Chamber accepted the request and ordered the payment of damages morais.Segundo the rapporteur Judge Arthur Arnildo Ludwig, the couple spent long periods without adequate information about the flight, lacked the power or satisfactory accommodation and eventually embark on almost 20 hours later than scheduled, impairing their férias.O judge also pointed out that there was no force majeure that could cause the delay of the flight. The problems arising from the crash said to be regarded as a risk venture company defendant, that does not relieve it of the necessary repair, in case of injury to the rights of users of the service, said Desembargador.Foi determined the payment of compensation for damages in the amount of $ 5,000 for each author, corrected by the IGP-M, plus default interest of 1% per month. The company was also ordered to pay the court costs and attorneys' fees, fixed in 15% of the value of condenação.Participaram date of the trial, and the rapporteur, the justices Luis Augusto Coelho Braga and Antonio Correa da Fontoura Palmeiro. (Appeal No. 70036550200, Source: www.tjrs.jus.br , 29/09/2011)

The collection of condominium shares lapses five years from the expiration of each plot. This was the understanding of the Third Chamber of the Superior Court of Justice (STJ), considering that the debts condominium is net debt constant particular instrument and the limitations period applicable is stipulated in Article 206, paragraph 5, section I of the Civil Code (CC ) 2002.

A condominium Rio filed a charge against a resident, requesting payment of condominium assessments due as of June 2001. The Trial Court rejected the preliminary prescription, considering that the collection action quota condominium, covers the prescription of ten years under Article 205 of the Code of 2002. The joint owner appealed but the Court of Rio de Janeiro (TJRJ) upheld the sentence because it believes there is no specific rule for the hypothesis.

In the special appeal in the Supreme Court, the tenant argued that the value of the condominium expenses is prescribed under Article 206, paragraph 5, section I of the CC, which establishes that the claim for recovery of liquidated debts listed in a public instrument or particular prescribes in five years. (Resp No 1139030, Source: www.stj.jus.br , I 24/9/2011)

The Second Section of the Superior Court of Justice (STJ) has determined that financial institutions must respond in an objective - that is, regardless of fault - in the case of fraud committed by third parties, compensate victims harmed by events such as opening accounts or obtaining loans through the use of false identification.

The decision was given in two similar cases involving the Bank of Brazil and follows the systematic repetitive resources. The procedure is repeated resources provided for in Article 543-C of the Code of Civil Procedure and provides that the decisions taken in the scheme guide the solution processes that address the legal matter.

In the first case, the swindler used the birth certificate of another person to take an identity card in her name. With this document - authentic material, but ideologically false - the swindler opened bank accounts and issued several bad checks.

The victim's name was turn negative in credit protection services, which led her to seek compensation for moral damages. The court ordered the withdrawal of his name protection services and the declaration of no debt, but the compensation was denied because it was understood that the high level of fraud precluded the bank to stop it.

In the second case, the account was opened by the forger with the original documents of another person. The court found that the forged signature of the victim and were similar and that the bank acted in good faith. In both cases, the victims appealed to the Supreme Court.

The rapporteur of the proceedings, Minister Luis Felipe Solomon, considered it appropriate compensation for the two victims, in view of Article 14 provides that the Consumer Defense Code (CDC): "The service provider is responsible, regardless of fault , for repairing damage caused to consumers by defects relating to the provision of services, as well as insufficient or inadequate information about their use and risks. "(Source: www.stj.jus.br , REsp 1199782 , 1197929 REsp )

The Special Court of the Federal Court of the 4th Region (TRF4) restored the decision of the Federal Court in Santa Catarina (JFSC) issued on February 28 this year, which was given to the Union and the State to pass on giving the drug trastuzumab to women suffering from metastatic breast cancer. To have access to treatment, they must reside in SC, presented tumors larger than 1.0 cm and overexpression of the HER2 receptor, a more aggressive form of breast cancer. The trial was published last Wednesday (03/08/2011) in Electronic Journal of the 4th Region.

The State must prove, within 30 days, that made the list of women who need treatment, with the classification of cases in order of urgency. The State must also demonstrate that defined the necessary amounts of medication, date and place at which and the schedule will be available to attend the first cases. The order of the state subpoena was issued today (8), by decision of the judge Hildo Nicholas Peron, the second Federal Court of Florianópolis. The Union and the State also must prove the publication of the extract of the sentence in the state newspaper.

According to the federal judge Lugon Luiz Carlos de Castro, rapporteur of the resource in TRF4, trastuzumab is the "new drug within the SUS, but with registration at ANVISA (Herceptin), proven effective in combating the disease, there is no substitute for other treatment breast cancer presenting with tumors overexpressing the HER2 receptor. " Entities in cancer will be informed of the restoration of order. (Source: www.trf4.jus.br , Ag-0001633-14.2011.404.0000/SC, 08/08/2011)

The Superior Court of Justice (STJ) applied the theory of the fait accompli to the case of a federal police agent in the Holy Spirit who took over precariously, in March 2002. The Second Panel considered that, even contrary to the Court, the situation of the agent was consolidated in time, which is why the decision that allowed the appointment should prevail.

The theory of the fait accompli can not, according to the Court, safeguard precarious situations, especially those obtained by a legal injunction, in which the grantee know that with the trial of the merits of the case, the facts may have opposing view. Among the appointment of the candidate and the trial of the appeal by the Federal Regional Court of the 2nd Region (TRF2), it took almost eight years, without any decision contrary to his entry into the function were given.

According to the rapporteur, Minister Humberto Martinez, the state of the agent has quirks that drive the precedents applied by the Court. The injunction granted by the first instance, later reaffirmed by the sentence, made possible the development of a second call in the test of physical fitness, allowing agent to succeed in the training course for the exercise of the function for which it was approved.

The defense argued that, in accordance with the principles of reasonableness, proportionality, human dignity, of reasonable duration of the process, efficiency and legal certainty, the theory should be applied with a fait accompli. According to the ruling on appeal, the realization of the second test called offends the rules of notice and provides unequal treatment of candidates.

Minister Humberto Martins noted that recognizes the strength of the thesis that the fait accompli not protect poor decisions, such as those obtained by the injunction. "The situation with police, however, gained strength after so many years in office and what is worse, with the backing of the judiciary," he said. (Resp 1200904, Source: www.stj.gov.br )

For president of the OAB / RS, the government and the allied base should have provided the broad debate on the issues.

The president of the OAB / RS, Claudio Lamach said on the morning of Wednesday (29), the approval by the governing coalition called the package "sustainability" open flank to a flood of lawsuits against the state challenging the constitutionality of the project that proposes changes in Social Security.

The text reduces the contribution originally foreseen at 16.5% for the portion that exceeds R $ 3,689.66. The new proposal, which has changed just before a vote is 14% for all servers, with a penalty for those who earn less.

"The civil service will certainly discuss the constitutionality of changes to the pension system and we can stand before a new law Britto, which will cause a new liability order in future," said Lamach. (Source: www.oabrs.gov.br , 06/29/2011)

The Hospital Association Lenoir Vargas Ana Ferreira will have to indemnify Siega at $ 15 thousand, the forgetfulness of gauze on her body in a normal delivery in 2003. She filed suit in the district of Chapecó, and sentence was upheld by a decision of the Special Regional Chamber of Chapecó the appeal trial of the association.

Hannah stood for more than five days with the gauze used to stanch bleeding resulting from a procedure performed to facilitate delivery. The hospital denied his guilt and said that while he was hospitalized, the patient had clinical normal. She also confirmed the existence of contradictions in the testimony of witnesses, and the pain and discomfort suffered by Ana were not enough to enforce the award.

The rapporteur, Jorge Luis Costa substitute judge Drinking, however, questioned the argument of the association, denied by doctors ears, that the buffer is a normal procedure to stop the bleeding. Moreover, if applied, should be done for only 24 hours. Drinking noted also that the patient returned to hospital on January 6, 2003, with high fever and pain, not being removed from the material, which proves that he has been examined.

The removal was not made until four days later at the health center, was observed when the gauze in your body. "Thus, being denied that the material remained in the body by mistake the author beyond what is reasonable, for gross negligence of employees of the defendant, in addition to not withdraw the gauze does not even informed the author that the material should be removed, I have questions to recognize the service rendered defective by another hospital, which entails the duty to indemnify, "concluded the rapporteur (Source: www.tj-sc.gov.br , Rev. Civ. 2007.005271-8 No, on 09 / 6 / 2011).