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COURT OF JUSTICE OF THE STATE OF SÃO PAULO

COUNTY OF BERTIOGA
JURISDICTION OF BERTIOGA
2nd
COURT AV. ANCHIETA, 162 / 192, Bertioga - SP - CEP 11250-039
Public Service Hours: from 1:00 pm to 5:00 pm

VERDICT

Digital Process No.: 1002673-54.2019.8.26.0075

Class - Subject Contested Divorce - Dissolution
Applicant: Ricardo José Guimaraes Junior
Required: Fernanda Teixeira Guimaraes and others

Free Justice

Judge of Law: Dr. CLARA LACERDA DE ALMEIDA BARROS

Visas.

RJGJ filed the present cumulative litigious divorce action

with regulation of custody and supply of food in the face of BST G.,

teenager represented by her mother, FTG, also Defendant. sustains, in

summary, which constituted marriage with Defendant F. on October 27, 2006 by

regime of partial communion of goods, and from the union the daughter B. was born, on April 2,

2010. He states that the couple is in fact separated, with the need to

decree of divorce. He adds that there are no assets to be shared. offer food

in the amount of R$ 1,200.00 (one thousand and two hundred reais) to the daughter and defends that custody be by
of
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shared between the parents, with the maintenance of the teenager's residence in

his mother's house, as well as the regulation of visits by his father (pages 01/12).

With the initial came the documents on pages 13/19.

Resignation of the power of attorney appointed by the agreement

OAB/DPE-SP due to the constitution of a new lawyer by the Plaintiff on pages 23/24.

Urged to amend the initial at the last opportunity (page 47) the Plaintiff

attached the updated marriage certificate to fl. 50.

Petition informing the address of the Defendants in the United States

from America on pages 55/56.

Reply to letter rogatory on pages 92/93 with information from

1002673-54.2019.8.26.0075 - page 1
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page 171

COURT OF JUSTICE OF THE STATE OF SÃO PAULO

COUNTY OF BERTIOGA
JURISDICTION OF BERTIOGA
2nd
COURT AV. ANCHIETA, 162 / 192, Bertioga - SP - CEP 11250-039
Public Service Hours: from 1:00 pm to 5:00 pm

compliance with the summons of the Defendants by the US authority on pages 94/97.

Plaintiff's Petition for the granting of guardianship of evidence by the

decree of divorce on pages 101/104.

Regularly cited (pages 94/97), the Defendants presented

objection to pages 126/133. They demanded the gratuity of justice. maintain that there

territorial incompetence of the court due to the Defendant's daughter residing in the United States

United of America. Defendant F. states that she agrees with the decree of

divorce. They add that, due to procedural economy, they do not oppose the judgment in

regarding the divorce to be carried out in these records, but that the maintenance action must

proceed before the foreign court, in which there is an action with the same content in

procedure. On the merits, they rejected the Plaintiff's requests, with the exception of divorce.
Documents were attached to pages 134/162.

It's the report. Reason and decide.

I verify that the requirements regarding food, diet

custody and regulation of visits involve the interest of a minor under eighteen years of age (page

19). Although there is debate as to the jurisdiction of this court, I understand that the

Public Prosecutor's Office must manifest itself in advance, as it has legitimacy and
copy
by
of
is
a 04/20/2023
LACERDA
BARROS,
ALMEIDA
released
document
original,
CLARA
digitally
signed
9:35
am.
the
file
on
DE
This
theat
in abrirConferenciaDocumento.do,
1002673-54.2019.8.26.0075
esaj.tjsp.jus.br/
pastadigital/
9EA145F.
process
original,
website
access
inform
https://
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and
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interest to argue or agree with the relative incompetence in actions of the same type

in which it acts as legal costs (precedent of the Distinguished Superior Court of Justice, 3rd

Class, REsp 630.968/DF, rel. Min Humberto Gomes de Barros, j. 05/14/2007, DJ

05/14/2007, p. 280; STJ, 1st Section, EREsp 222.006/MG, rel Min Luiz Fux, j.

11/10/2004, Dj 12/13/2004, p. 1).

On the other hand, given the relative territorial competence in actions of

divorce and the agreement of the parties as to the judgment in this court, I consider that it is the

in the event of prejudging the merits specifically with respect to this application,

pursuant to article 355, item I, of the Code of Civil Procedure. The exams

documents present in the records, together with the manifestations launched by the parties, are

sufficient to resolve the cause, a circumstance that gives rise to the principle

constitutional provision of the reasonable duration of the process art. 5, item LXXVIII, CRFB.

1002673-54.2019.8.26.0075 - page 2
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page 172

COURT OF JUSTICE OF THE STATE OF SÃO PAULO

COUNTY OF BERTIOGA
JURISDICTION OF BERTIOGA
2nd
COURT AV. ANCHIETA, 162 / 192, Bertioga - SP - CEP
11250-039 Public Service Hours: from 1:00 pm to 5:00 pm

The application for divorce satisfies the requirements of article

226, § 6, of the Constitution of the Republic, as amended by EC nº 66/2010. Against
accordingly, I JUDGE the request, pursuant to article 487, item I, of the CPC,
to DECREE the divorce of RJGJ and FT G. There is no division of assets.

The final and unappealable decision regarding the divorce occurred on the same date,

given that the agreement of the parties is incompatible with the will to appeal, in the
terms of art. 1,000, from CPC.

This Judgment will serve as a Writ of Registration/Official

with the Civil Registry of Natural Persons of Arujá/SP, so that
proceed to the sidelines of the Plaintiffs' marriage record.

In these terms, I ORDER the Official to proceed, on the sidelines

of the marriage record registered on October 27, 2006, under registration no.
117598 01 55 2006 3 00002 078 0000272 34, the necessary registration, in order to be
the couple's divorce was consigned, with the woman returning to her maiden name, which
either: FT

In view of the continuation of the action regarding food, custody and

visits, the Public Prosecutor's Office should be seen.
copy
by
of
is
a 04/20/2023
LACERDA
BARROS,
ALMEIDA
released
document
original,
CLARA
digitally
signed
9:35
am.
the
file
on
DE
This
theat
in abrirConferenciaDocumento.do,
1002673-54.2019.8.26.0075
esaj.tjsp.jus.br/
pastadigital/
9EA145F.
process
original,
website
access
inform
https://
code
check
and
pg/
the
To

Intimate yourselves.

Bertioga, April 19, 2023.

DOCUMENT DIGITALLY SIGNED PURSUANT TO LAW 11.419/2006, AS PRINTED IN

THE RIGHT MARGIN

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