A fim de responder a esta pergunta, imaginemos que a seguinte construção esteja no relatório do acórdão, na contestação ou na apelação:
“João da Silva ajuizou ação de indenização contra Pedro da Costa (autos n. 98.567.777).
Sustenta que no dia 23-7-2017 transitava pela avenida Getúlio Vargas quando a motocicleta conduzida pelo réu colidiu com o seu automóvel, causando os danos discriminados às fls. 10-11.
Assevera que buscou pessoalmente com o réu o ressarcimento dos danos, contudo não teve êxito, de forma que outra saída não teve a não ser o ajuizamento da presente demanda.
Requereu, ao final, a condenação do réu ao pagamento da quantia de R$ 6.500,00 a título de indenização pelos danos materiais sofridos.”
Vejam que no primeiro parágrafo há o verbo “ajuizar” no passado; no segundo parágrafo o verbo “sustentar” no presente; no terceiro, “asseverar” no presente; e, no último, o verbo “requerer” no passado.
E agora? Essa “mistura” de tempos verbais é possível?
Sim, é possível e está corretíssima!! Apesar de se estar referindo a fatos que já aconteceram, o tempo presente no segundo e terceiro parágrafos denomina-se “presente histórico”, isto é, a FORMA é de tempo presente mas o SENTIDO é de passado.
É claro que em vez de “sustenta” e “assevera” poder-se-ia escrever “sustentou” e “asseverou”, o que não impede, todavia, a forma no presente (presente histórico).
Interessante que a FORMA verbal no presente pode ser às vezes usada até mesmo para indicar ação futura, como se observa na seguinte passagem: “Portanto, remetam-se os autos à origem, onde o réu, querendo, PODE (ou ‘poderá’) arguir a nulidade em tela”.
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