O início do prazo da prescrição se dá no momento que surge a pretensão
E a dúvida que sempre surge é: “momento que” ou “momento EM que”?
O assunto de hoje é “omissão de preposições”.
Prestem atenção para o seguinte:
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Pode ser omitida a preposição que introduz uma oração subordinada adjetiva cujo substantivo antecedente é uma palavra ou expressão que denota TEMPO.
As frases abaixo esclarecem:
“O início do prazo prescricional se dá no momento (em) que surge a pretensão” (o uso da preposição é facultativo).
“Na época (em) que o contrato foi assinado, o autor não era preposto da empresa”.
“O crime ocorreu no dia (em) que a testemunha não estava no país”.
“A decisão fixou a taxa média de mercado prevista na data (em) que a avença foi celebrada”.
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Na maioria dos casos também pode ser omitida a preposição (exigida pelo nome ou pelo verbo) que antecede as orações subordinadas substantivas.
Novamente os exemplos esclarecem:
“Inexistem dúvidas (de) que o contrato foi descumprido”.
“As provas constantes dos autos levaram o juiz a se convencer (de) que tais fatos efetivamente ocorreram”.
“Não é possível ter certeza (de) que o imóvel foi objeto de usucapião”.
“A demandante interpôs apelação insistindo (em) que…” (nesse caso é melhor sem a preposição).
Era isso.
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