In a decision rendered by the 23rd Civil Chamber of TJ/RS (Court of Appeals of Rio Grande do Sul), the issuance of letters to the State Prosecution Office, OAB/RS (Brazilian Bar Association, Section of Rio Grande do Sul), and NUMOPEDE (Center for Monitoring Case Profile) of TJ/RS was ordered, after the identification of possible adulterations of documents of proof of residence perpetrated in an action filed against a financial institution.
The Plaintiff had filed a lawsuit against the Bank, claiming alleged unlawfulness in the payroll-deductible credit card entered into with the bank. In the trial court, the action was dismissed owing to defect of the complaint. After being notified of the appeal filed, the financial institution evidenced possible unlawfulness in the documents filed by the Appellant.
In this scenario, when trying the appeal, the Civil Chamber found “evidence of forgery of the proof of residence attached,” which would have been issued in Rio de Janeiro and was repeated in several other actions represented by the lawyer who signed the complaint on behalf of different clients. The Reporting Justice also considered the possibility of inauthenticity of the power of attorney attached, owing to divergences between the signatures appended for the case.
Therefore, the Appeal was dismissed and the issuance of letters to the relevant authorities was ordered, with a view to investigating the possible commission of wrongdoing by the parties involved in the assignment of the action.
The law firm Ernesto Borges Advogados operates through the financial institution.
Case No. 5002162-28.2022.8.21.0008
Available at: https://www.conjur.com.br/2023-mai-20/constatacao-documento-falsificado-extingue-acao-penal-rs
Autor: Yuri Arraes Fonseca de Sá • email: yuri.sa@ernestoborges.com.br • Tel.: +55 67 3389 0123+55 67 99271 2013
