Source: Rondonotícia - RO - 26/08/2009

The lack of power of attorney to the lawyer is no longer an impediment to the admissibility of an appeal at the 2nd Civil Chamber of the Court of Justice of Rondônia. The change in understanding is in line with the decisions already taken by the Superior Court of Justice in order to provide the regularization of procedural representation and speed up the judicial process. With this, it is avoided that, with the non-acceptance (knowledge) of the appeal in the TJ RO, another appeal was made to the superior instance, in Brasília, which could delay the solution of the issue in months and even years.

In the first judgment in which this understanding was adopted by the 2nd Chamber, in his vote, the judge Roosevelt Queiroz da Costa decided to subpoena the lawyer so that he could regularize the situation within the legal term. Defender of the liberal current, the magistrate has already manifested himself in this way in other votes related to cases in which the power of attorney was not included in the process, even if it was won by colleagues of the Chamber.

With the joining of this document, until then absent, the process follows its legal rite in the State Justice. Faster and less bureaucracy in solving the demands brought to the Judiciary are benefits brought by this understanding, which prevails in the analysis of this type of action since the last 12th, when the case in question was judged. "This way, we give more opportunity to access Justice", he says.

The judge stressed that both the STJ's position in relation to the issue, and that provided for in Article 13 of the Civil Procedure Code (CPC), are arguments that support its position. In addition, there is a reinforcement of this understanding based on the provisions of articles 515 and 560 of Law 11.276 / 06, which reviews some points of the CPC regarding the way of filing appeals, sanitation of procedural nullities, receipt of appeal appeal, among other issues.

The understanding signed by the STJ is in the sense that the absence of a power of attorney can be supplied in ordinary instances by the summons of the plaintiff to attach the document to the process. According to the judge, the first and second degrees of the State Justice are considered, by the STJ, as ordinary instances, where there is the possibility and the jurisdictional duty to provide citizens with the opportunity to remedy the defect of representation. “Our objective, with this understanding, is to favor the citizen, observing the legal requirements”, emphasizes Roosevelt Queiroz.

This understanding is in accordance with the principle of taking advantage of the procedural acts already practiced, alleviating the excessive procedural formalism in favor of the speed of the procedures for judging civil cases. "Since this is not an insurmountable addiction, the best measure for these cases is to give the lawyer the chance to regularize the defect in representation," he explains. However, the judge recalls that in such situations, the fault for delays is the omission of the causidic, who, by not presenting the power of attorney, puts at risk the non-appreciation of the demand, in the first and second degrees, if the judge applies the rigor of the law, according to article 37 of the CPC.