Post by account_disabled on Mar 7, 2024 0:30:26 GMT -8
If there are a large number of applicants, the legal requirement to present copies of the powers of attorney of all of them in the interlocutory appeal can be mitigated. The understanding was given in a process in which a group of people filed a compensation claim against Telegoiás S/A, later incorporated by Brasil Telecom S/A. The rapporteur, Minister Isabel Gallotti, of the Superior Court of Justice, considered that the lack of only two powers of attorney from the group, represented by the same lawyer, in one of the successive appeals in the sentence settlement phase, should not harm the process.
The authors signed a contract with the construction company Graham Bell to invest in the Proconte community telephone project. In addition to being users, the authors became shareholders of the company. Graham Bell subsequently transferred the telephone facilities it built to Telegoiás, which, it was alleged, caused losses to the group of investors. In total, compensation worth more than R$ million would be due.
Brasil Telecom filed an appeal against the previous decision BTC Number Data of the rapporteur minister, who denied its appeal against the ruling of the Court of Justice of Goiás, handed down in the trial of an instrument of appeal in the sentence settlement phase. The company contested the renewal of the compensation calculations with the application of a rate of % per month as late payment interest, as of January , , the date of entry into force of the new Civil Code. The telecommunications company's defense also argued that the lack of two powers of attorney would violate article , item I, of the Code of Civil Procedure.
It would be the obligation of the group of shareholders to provide the powers of attorney and any errors would not be an excuse for their absence. Even with multiple parties and lawyers, according to the company, powers of attorney or demonstration of the lawyers' complete chain of representation are required. He also claimed that the full value of the shareholders' investment should be proven, but that the documents presented would be unsuitable and would not prove the actual receipt of the amounts by Brasil Telecom.
Egregious error
However, in her vote, minister Isabel Gallotti considered that the TJ-GO's interpretation, that the lack of two powers of attorney in the interlocutory appeal must be ignored, is correct. She pointed out that the names of the two shareholders were mentioned on other pages of the file and there is no doubt that all plaintiffs are represented in the case by the same lawyers. What happened was a “noticeable error” in the copy of the records.
The authors signed a contract with the construction company Graham Bell to invest in the Proconte community telephone project. In addition to being users, the authors became shareholders of the company. Graham Bell subsequently transferred the telephone facilities it built to Telegoiás, which, it was alleged, caused losses to the group of investors. In total, compensation worth more than R$ million would be due.
Brasil Telecom filed an appeal against the previous decision BTC Number Data of the rapporteur minister, who denied its appeal against the ruling of the Court of Justice of Goiás, handed down in the trial of an instrument of appeal in the sentence settlement phase. The company contested the renewal of the compensation calculations with the application of a rate of % per month as late payment interest, as of January , , the date of entry into force of the new Civil Code. The telecommunications company's defense also argued that the lack of two powers of attorney would violate article , item I, of the Code of Civil Procedure.
It would be the obligation of the group of shareholders to provide the powers of attorney and any errors would not be an excuse for their absence. Even with multiple parties and lawyers, according to the company, powers of attorney or demonstration of the lawyers' complete chain of representation are required. He also claimed that the full value of the shareholders' investment should be proven, but that the documents presented would be unsuitable and would not prove the actual receipt of the amounts by Brasil Telecom.
Egregious error
However, in her vote, minister Isabel Gallotti considered that the TJ-GO's interpretation, that the lack of two powers of attorney in the interlocutory appeal must be ignored, is correct. She pointed out that the names of the two shareholders were mentioned on other pages of the file and there is no doubt that all plaintiffs are represented in the case by the same lawyers. What happened was a “noticeable error” in the copy of the records.