After file a unusual petition with a birthday cake photo to mark the five years of waiting for a decision lawyer Délio Fortes Lins e Silva obtained a partial victory in the appeal that was being processed in the Court of Justice of Pernambuco (TJPE) this Thursday (3). The case has been moved by an indemnity action for material and moral damages regarding the insurance coverage of a maritime vessel.
Initially, the action was extinguished without resolution of the merit by the Court of the 12th Civil Court of the Capital/PE. Disagreeing, Délio Fortes Lins e Silva appealed. The delay in the analysis of this appeal motivated the lawyer to send a petition in February 2025, congratulating the judge Alberto Nogueira Virgínio for the five years of analysis of the case ironically.
In the petition, the lawyer argued that the long waiting time was disproportionate to the legal complexity of the matter. The document argues that the waiting time is 60 months, or 1,825 days, which would be enough for a “mother to get pregnant, go through the entire gestation period and see her son walking alone.” It still mocked in the document that the past period would be necessary for the completion of a master’s or doctorate.
TJPE: After 5 years without decision and cake, appeal is concluded for judgment
Partial victory
Despite the unusual protest, the Second Civil Chamber of the TJPE, having as rapporteur the Judge Alberto Nogueira Virgínio, partially granted the appeal, ie, he accepted part of the lawyer’s claims .
In your vote, the Judge decided that insurance It started to apply Because the lawyer delivered the insurance proposal and paid the first installment. For the judge, this was sufficient for the contract to exist.
The rapporteur stressed that, although the insurer alleged absence of information in the proposal and lack of prior inspection, the Formal communication of the insured and broker refusal, characterized the acceptance of the contract . The insurer sent a refusal email only to her employees, without notifying the insured or the broker.
Given the total loss of the vessel, the TJPE condemned the insurer to pay to the lawyer R $ 60 thousand for indemnity, and R $ 2 thousand referring to the removal of wreckage.
TJPE, questioned by CNN Regarding the case of the petition with the cake, he said that the judge would not position himself in compliance with the Organic Law of the National Judiciary (Loman).
This content was originally published in PE: Lawyer who protested with cake photo in process wins appeal on the CNN Brazil website.
Source: CNN Brasil
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