The overrun of actions is defined by the Code of Civil Procedure of 2015, and the matter is analyzed in Extraordinary Appeal (EA) 966177. The Rapporteur of the appeal, Minister Luiz Fux, voted in the session last Thursday (1/6) for the suspension of the statute of limitations until the matter with general repercussion is not decided by the Supreme Court.
In the EA,
the Public Prosecutor of Rio Grande do
Sul questions the receipt, by the 1988 Constitution, of the Article 50 of the
Law on Criminal Offenses (Decree-Law 3,688 / 1941). The device classifies the exploitation
or establishment of games of chance as criminal offenses.
The MP-RS alleges that the court of origin, in ruling atypical conduct of
gambling, offended the mentioned precepts. As the FSC acknowledged the general
repercussion of the case, the State Prosecutor of the State of Rio Grande do
Sul disputed the overrunning of the facts, alleging "lack of position of
the High Courts regarding the application of the rule inserted in article 1035,
paragraph 5, of the Code of Civil Procedure no)".
Source: GMB
