Post by account_disabled on Mar 14, 2024 4:02:42 GMT
The denunciation of the case against a co-defendant who is already part of the procedural relationship is permitted, without prohibitions in either article 125 of the Code of Civil Procedure or article 70 of the 1973 CPC. With this understanding, the 3rd Panel of the Superior Court of Justice authorized construction companies accused of responsibility for a traffic accident to report the driver to the case, bringing him into the process.
The court of origin had B2B Lead understood that, as the defendant was already part of the defendant's claim, the complaint would be unfounded.
However, according to the rapporteur of the case at the STJ, minister Nancy Andrighi, nothing prevents the denunciation of the lawsuit requested by one defendant against another, because only in this way can the simultaneous dispute to ensure the retrogressively postulated right be established between them.
“For the purpose of the complaint, it is not necessary to question whether the accused is part of the main process: the complainant has the prerogative to exercise his right of return, in the same case, whether against a third party outside the dispute or against the co-defendant who is already part of the case. deal”, explained the rapporteur.
Second relationship
The minister highlighted that the appealed ruling itself stated that the complainants have a contractual relationship with the accused. In this case, the right of return would be guaranteed to the construction companies if they had to pay any amount to compensate the plaintiff.
“With the denunciation of the dispute, in addition to the already existing relationship, a second legal-procedural relationship is formed only between the complainant and the accused, through which the former exercises a claim for compensation against the latter”, explained the minister to the justify the use of the procedural instrument in the case analyzed. With information from the STJ Press Office.
