Sumula do STF 401 a 450 - YouTube

SUMMARY 401 There is no knowledge of the review appeal, nor

of the embargoes of divergence, of the labor process, when there is firm jurisprudence

of the Superior Labor Court in the same sense as the contested decision, unless

there is a collision with the jurisprudence of the Supreme Federal Court.

SUMMARY 402 Night watchman is entitled to additional salary.

SUMMARY 403 The period of thirty days for the

initiation of the judicial inquiry, counting from the suspension, due to serious misconduct, of a

stable

employee, shall expire. SUMMARY 404 Articles 3,

22 and 27 of

Law 3,244, dated 8.14.57, which define the duties of the Customs Policy Council regarding the flexible tariff, are

not contrary to the Constitution .

SUMMARY 405 Once the writ of mandamus is denied by the sentence,

or in the judgment of the interlocutory appeal, the injunction granted is null and void, retroacting

the effects of the contrary decision.

SUMMARY 406 Scholarship students or professors and public

servants on a study mission meet the condition of change of residence for

the purpose of bringing a car from abroad, in compliance with other legal requirements.

65 PRECEDENT 407 A

soldier who did not participate in war operations , even though he served in the "war zone",

is not entitled to the campaign third .

SUMMARY 408 Tax servants are not entitled

to a percentage for the collection of federal revenue destined to the National Bank for

Economic Development

. SUMMARY 409 The returnee, who has more than one rented building

, must choose between them, except for abuse of rights.

SUMMARY 410 If the lessor, using his own building

for residence or commercial activity, asks for the leased property for his own use, different

from what he has occupied, he is not obliged to prove the need, which is presumed.

PRECEDENT 411 The lessee authorized to assign the lease

may sublet the property.

SUMMARY 412 In the purchase and sale commitment with a repentance

clause , the return of the down payment, by the person who gave it, or its double refund

, by the person who received it, excludes greater indemnity, in the form of damages, except

for default interest and the charges for the process.

SUMMARY 413 The commitment to purchase and sell real estate,

even if not allotted, gives the right to compulsory execution, when the legal requirements

are met .

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PRECEDENT 414 Direct and oblique vision is not distinguished

in the prohibition of opening a window, or making a terrace, roof terrace, or balcony, within a meter and a half

of someone else's building.

PRECEDENT 415 Untitled traffic easement, but

made permanent, especially due to the nature of the works carried out, is considered apparent,

granting the right to possessory protection.

PRECEDENT 416 Due to the delay in the payment of the expropriation price,

additional indemnity other than interest is not applicable.

PRECEDENT 417 Money in the hands of the bankrupt, received on behalf of someone else, or which, by law or contract,

he did not have the availability

of, may be the object of restitution in bankruptcy .

PRECEDENT 418 The compulsory loan is not a tax,

and its collection is not subject to the constitutional requirement of prior budgetary

authorization .

SUMMARY 419 The Municipalities are competent to regulate

local business hours, as long as they do not infringe valid state or federal laws.

SUMMARY 420 A sentence issued abroad without proof of res judicata is not approved

. SUMMARY 421 The circumstance

that the person being extradited is married to a Brazilian or has a Brazilian child

does not prevent extradition .

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PRECEDENT 422 The criminal acquittal does not affect the security measure

, when applicable, even if it entails deprivation of liberty.

PRECEDENT 423 The sentence is not final for having

omitted the ex officio appeal, which is considered to be filed ex lege.

PRECEDENT 424 The remedial order that there was no appeal

becomes unappealable , excluding the issues left, explicitly or implicitly, for

the sentence.

SUMMARY 425 The grievance dispatched within the legal term is not

impaired by the delay of the attachment, due to the fault of the notary's office; nor the aggravation delivered to the notary's office

within the legal deadline, although dispatched late.

PRECEDENT 426 The lack of a specific term does not prejudice

the appeal in the record of the case, when it is opportune to file a petition or at the end

of the hearing.

PRECEDENT 427 The lack of a petition for interposition does not

prejudice the appeal in the record of the process taken by term.

PRECEDENT 428 The appeal delivered to the notary's office within the legal deadline

is not prejudiced , although it is dispatched late.

PRECEDENT 429 The existence of an administrative appeal with

suspensive effect does not prevent the use of the writ of mandamus against the authority's omission.

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SUMMARY 430 Request for reconsideration in the administrative route

does not interrupt the deadline for the writ of mandamus.

PRECEDENT 431 The judgment of a criminal appeal,

in the second instance, without prior summons, or publication of the agenda, is null and void , except in habeas

corpus.

SUMMARY 432 There is no extraordinary appeal based

on art.

101, III, d, of the Federal Constitution, when the alleged divergence is between decisions

of the Labor Court.

SUMMARY 433 The Regional Labor Court is competent

to judge a writ of mandamus against the act of its president in execution of a

labor sentence .

PRECEDENT 434 The controversy between insurers appointed

by the employer in the work accident action does not suspend payment due to the injured person.

PRECEDENT 435 The transfer tax on the

transfer of shares is due to the State in which the company is headquartered.

SUMMARY 436 L.

4,093, dated 24,10,959, of Paraná, which revoked the exemption granted to cooperatives by

previous law,

is valid . SUMMARY 437 Imports of equipment for the automobile industry are

exempt from the customs clearance fee , pursuant to a plan approved,

within the legal term, by the competent body.

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SUMMARY 438 The collection, in 1962, of the Santa Catarina Education and Health

Tax , additional to the sales and consignment tax, is illegitimate .

SUMMARY 439 Any commercial books are subject to tax

or social security inspection , the examination being limited to the points under investigation.

PRECEDENT 440 Benefits under federal law

on war services are not enforceable on states without state law providing for them.

SUMMARY 441 The military, who becomes inactive with full earnings

, is not entitled to the thirtieth quotas referred to in the Code of Salaries and

Advantages of Military Personnel.

SUMMARY 442 The registration of the lease agreement in

the Real Estate Registry, for the validity of the term clause against the purchaser of the property,

or before third parties, does not require transcription in the Registry of Deeds and Documents.

SUMMARY 443 Prescription of benefits prior

to the period provided for by law does not occur when the claimed right or the legal situation from which it results

has not been denied before that period .

SUMMARY 444 In the resumption for more useful construction

of a property subject to D.

24.150, dated 4.20.34, the indemnity is limited to moving expenses.

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PRECEDENTS 445 L.

2,437, dated 3.7.55, which reduces the statute of limitations, is applicable to the statute of limitations in effect on the

date of its effectiveness (1.1.56), except for the processes then pending.

SUMMARY 446 Contract for the exploration of deposits or quarries

is not subject to D.

24.150, of 20.4.34.

PRECEDENT 447 The testamentary disposition in

favor of the testator's adulterous son with his concubine is valid .

PRECEDENT 448 The period for the assistant to appeal, in addition,

starts to run immediately after the expiration of the period of the Public Prosecutor's Office.

SUMMARY 449 The value of the case, in the rental consignment,

corresponds to an annuity.

PRECEDENT 450 Lawyer's fees are due whenever

the beneficiary of free justice is awarded.