A unanimous decision is based on the fact that focuses on the art event rule. 4, III of LJE, leaving possible the filing of the suit in the home of the author and what remains incontrovertible that the absence of payment of the company to its promoters due to the prohibition in the decision issued in Acre, is that this may not mischaracterizes the fact of itself claimed to have given rise to the decision before the suspected practice of financial pyramid, so the plaintiff is prevented from receiving the consideration as agreed upon, which is why due to termination statement with the proper return of the amounts spent.
According to the Justice of Mato Grosso, the claim bis in idem does not find any legal support, being totally unreasonable, because even when receiving the amounts owed in this present action can not receive any amounts the complainant tried in collective action, since it does not You will be entitled to receive what have you been refunded.
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"With fulcrum in Article 273 of the Civil Procedure Code, I grant injunctive relief and determine blocking the amount of R $ 301,446.33 (three hundred and one thousand, four hundred forty-six reais and thirty-three cents) belonging to the defendant" determines the Judge.
In the decision, Judge Milena Ramos de Lima and San Paro, considering that financial activity required is blocked because the decision rendered in the midst of Injunction No. 0005669.76.2013.8.01.0001, pending before the 2nd Civil Court of district of Rio Branco / AC, determined that was officiated the judgment of the mentioned judicial unit, requesting the linking of retro amount mentioned in the faces of those records or depositing the amount in court account of the Court of the State of Mato Grosso, linked to this case.
With the final judgment of this decision keeping the above decision, all the Promoters may benefit and have finally released their resources.
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