Como se escreve a expressão “e outros” no jurídico
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Hoje vou dar uma dica de redação que tem um pezinho no direito processual e que é direcionada principalmente a assessores de 2º grau e a advogados.
Não sei quanto aos demais tribunais do país, mas no TJSC, quando os recursos são cadastrados é colocado um “e outros” sempre que o polo ativo ou passivo recursal é composto de mais de uma parte.
Assim, se João da Silva, Manoel da Silva e Pedro da Silva interpõem, por exemplo, uma apelação, quando o assessor abre o arquivo para redigir a minuta, vem automaticamente a expressão “João da Silva e outros”, e não o nome de todos os apelantes.
Se o assessor não corrige isso, a redação pode causar, como vocês devem imaginar, alguns problemas relacionados a impedimento ou suspeição do relator, uma vez que o “e outros” pode fazer com que ele não saiba quem são TODAS as partes do processo.
Aliás, não apenas o relator pode não ficar sabendo, mas todos os membros do colegiado, que, se suspeitos ou impedidos, não poderiam participar do julgamento.
⠀
Portanto, a fim de evitar possível alegação ou decretação de nulidade, a dica que dou a vocês, assessores, é para que busquem sempre colocar O NOME DE TODAS AS PARTES nos relatórios das peças.
Escrevam sempre “João da Silva, Manoel da Silva e Pedro da Silva interpuseram apelação, na qual sustentam…”, e não “João da Silva e outros interpuseram…”.
O pior é quando o próprio advogado faz isso, ou seja, quando ele próprio escreve “João da Silva e outros” no recurso que interpõe. Não.
Para facilitar a vida dos assessores de 2º grau, sempre escrevam na folha de rosto do recurso o nome de todas as partes que vocês estão representando, providência essa que, a meu ver, também demonstra respeito a elas.
Era isso.
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