CPC:
C.C. Art. 12. Os juízes e os tribunais atenderão, preferencialmente, à ordem cronológica de conclusão para proferir sentença ou acórdão.
§1º A lista de processos aptos a julgamento deverá estar permanentemente à disposição para consulta pública em cartório e na rede mundial de computadores.
§2º Estão excluídos da regra do caput :
I – as sentenças proferidas em audiência, homologatórias de acordo ou de improcedência liminar do pedido;
II – o julgamento de processos em bloco para aplicação de tese jurídica firmada em julgamento de casos repetitivos;
III – o julgamento de recursos repetitivos ou de incidente de resolução de demandas repetitivas;
IV – as decisões proferidas com base nos arts. 485 e ;
V – o julgamento de embargos de declaração;
VI – o julgamento de agravo interno;
VII – as preferências legais e as metas estabelecidas pelo Conselho Nacional de Justiça;
VIII – os processos criminais, nos órgãos jurisdicionais que tenham competência penal;
IX – a causa que exija urgência no julgamento, assim reconhecida por decisão fundamentada.
§3º Após elaboração de lista própria, respeitar-se-á a ordem cronológica das conclusões entre as preferências legais.
§4º Após a inclusão do processo na lista de que trata o § 1º, o requerimento formulado pela parte não altera a ordem cronológica para a decisão, exceto quando implicar a reabertura da instrução ou a conversão do julgamento em diligência.
§5º Decidido o requerimento previsto no § 4º, o processo retornará à mesma posição em que anteriormente se encontrava na lista.
§6º Ocupará o primeiro lugar na lista prevista no § 1º ou, conforme o caso, no § 3º, o processo que:
I – tiver sua sentença ou acórdão anulado, salvo quando houver necessidade de realização de diligência ou de complementação da instrução;
II – se enquadrar na hipótese do art. 1.040, inciso II .
CEBRASPE (2018):
QUESTÃO ERRADA: O julgamento de incidente de resolução de demandas repetitivas se submete à regra de atendimento da ordem cronológica de conclusão.
ERRADO. CPC:
Art. 12. Os juízes e os tribunais atenderão, preferencialmente, à ordem cronológica de conclusão para proferir sentença ou acórdão.
§ 2o Estão excluídos da regra do caput:
I – as sentenças proferidas em audiência, homologatórias de acordo ou de improcedência liminar do pedido;
II – o julgamento de processos em bloco para aplicação de tese jurídica firmada em julgamento de casos repetitivos;
III – o julgamento de recursos repetitivos ou de incidente de resolução de demandas repetitivas;
CEBRASPE (2017):
QUESTÃO ERRADA: Os juízes e tribunais terão de, inexoravelmente, atender à ordem cronológica de conclusão para proferir sentença ou decisão.
ERRADA. CPC: Art. 12. Os juízes e tribunais atenderão, preferencialmente, à ordem cronológica de conclusão para proferir sentença ou acórdão.
CEBRASPE (2019):
QUESTÃO CERTA: Os juízes estão dispensados de obedecer à ordem cronológica de conclusão para proferir sentença quando se tratar de sentença homologatória de acordo.
CEBRASPE (2019):
QUESTÃO CERTA: Após ser elaborada lista que continha a ordem cronológica de conclusão para proferir sentença, a parte requereu prioridade no julgamento, alegando urgência. O juiz, no entanto, indeferiu o pedido, por não ter vislumbrado a urgência alegada. Nessa situação hipotética, o processo retornará para a lista na: mesma posição que ocupava, se não houver necessidade de reabertura da instrução.
Art. 12, §§ 4º e 5º, do NCPC:
Art. 12. Os juízes e os tribunais atenderão, preferencialmente, à ordem cronológica de conclusão para proferir sentença ou acórdão.
§ 4º Após a inclusão do processo na lista de que trata o § 1º, o requerimento formulado pela parte não altera a ordem cronológica para a decisão, exceto quando implicar a reabertura da instrução ou a conversão do julgamento em diligência.
§ 5º Decidido o requerimento previsto no § 4º, o processo retornará à mesma posição em que anteriormente se encontrava na lista.
Sabe a fila de banco? Quando às vezes alguém passa na frente de todo mundo e, antes que a galera reclame, o cara explica “já fui atendido e estou só voltando!”. É o mesmo pensamento para o retorno do processo na mesma posição que ocupava.
Só haveria prioridade caso o processo voltasse ao 1º grau após o tribunal anular a sentença (pois aquelas partes já enfrentaram a fila) e nos casos de reabertura da instrução ou da conversão do julgamento em diligência.
Fonte: “Diálogos sobre o CPC”, Mozart Borba.
CEBRASPE (2019):
QUESTÃO ERRADA: Sob pena de nulidade processual, o magistrado deve obedecer, obrigatoriamente, à ordem cronológica de conclusão dos processos aptos a julgamento para proferir decisão interlocutória ou sentença.
O erro está em “OBRIGATORIAMENTE”. O correto seria “PREFERENCIALMENTE”.
CPC: Art. 12. Os juízes e os tribunais atenderão, preferencialmente, à ordem cronológica de conclusão para proferir sentença ou acórdão.
Observações importantes acerca do art. 12 do CPC:
Regra → os processos devem ser julgados conforme a ordem cronológica de conclusão.
EXCEÇÕES:
· Julgamento de processos em audiência;
· Julgamentos de sentenças homologatórias de acordo;
· Julgamento de sentenças de improcedência limitar do pedido;
· Julgamento de processos e recursos processuais em bloco [casos repetitivos];
· Sentença sem julgamento de mérito;
· Julgamento antecipado pelo relator do processo;
· Julgamento de Embargos de Declaração e Agravo Interno;
· Julgamento de ações que possuem preferência legal ou decorrente de metas do CNJ;
· Julgamento de processos de natural criminal;
· Julgamento de processos ou recursos anulados;
· Julgamento de recursos Especiais e Extraordinários sobrestados, quando há publicação da decisão paradigma;
· Julgamento de processos urgentes assim fundamentados na decisão.
CEBRASPE (2017):
QUESTÃO CERTA: Os processos sujeitos a sentença terminativa sem resolução de mérito ficam excluídos da regra que determina a ordem cronológica de conclusão para a sentença.
“CPC:
Art. 12. Os juízes e os tribunais atenderão, preferencialmente, à ordem cronológica de conclusão para proferir sentença ou acórdão.
IV – as decisões proferidas com base nos arts. 485 (cujo dispositivo trata de hipóteses de julgamento sem resolução do mérito) e 932, NCPC.”
Os processos sujeitos a sentença terminativa sem resolução de mérito ficam excluídos da regra que determina a ordem cronológica de conclusão para a sentença.
CEBRASPE (2023):
QUESTÃO ERRADA: Segundo o Código de Processo Civil, os juízes e os tribunais atenderão, preferencialmente, à ordem cronológica de conclusão para proferir sentença ou acórdão, salvo se houver agravo de instrumento pendente de julgamento.
CEBRASPE (2023):
QUESTÃO CERTA: Em regra, os juízes e os tribunais atenderão à ordem cronológica de conclusão para proferir sentença ou acórdão, ressalvadas, entre outras hipóteses, as sentenças proferidas em audiência, homologatórias de acordo ou de improcedência liminar do pedido, o julgamento de embargos de declaração, as preferências legais e as metas estabelecidas pelo Conselho Nacional de Justiça (CNJ).
CEBRASPE (2023):
QUESTÃO ERRADA: É dever dos juízes e dos tribunais respeitar a ordem cronológica de conclusão dos processos para proferir sentenças ou acórdãos, sendo nula a decisão que não a observa.
Conforme art. 12 do CPC: “Os juízes e os tribunais atenderão, preferencialmente, à ordem cronológica de conclusão para proferir sentença ou acórdão”. (Daí que não necessariamente acarreta nulidade a inobservância da ordem cronológica.)
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This article resonated with me on a personal level. Your ability to connect with your audience emotionally is commendable. Your words are not only informative but also heartwarming. Thank you for sharing your insights.
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I’m truly impressed by the way you effortlessly distill intricate concepts into easily digestible information. Your writing style not only imparts knowledge but also engages the reader, making the learning experience both enjoyable and memorable. Your passion for sharing your expertise is unmistakable, and for that, I am deeply grateful.
Your enthusiasm for the subject matter shines through every word of this article; it’s infectious! Your commitment to delivering valuable insights is greatly valued, and I eagerly anticipate more of your captivating content. Keep up the exceptional work!
In a world where trustworthy information is more important than ever, your commitment to research and providing reliable content is truly commendable. Your dedication to accuracy and transparency is evident in every post. Thank you for being a beacon of reliability in the online world.
This article is a true game-changer! Your practical tips and well-thought-out suggestions hold incredible value. I’m eagerly anticipating implementing them. Thank you not only for sharing your expertise but also for making it accessible and easy to apply.
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I’m genuinely impressed by how effortlessly you distill intricate concepts into easily digestible information. Your writing style not only imparts knowledge but also engages the reader, making the learning experience both enjoyable and memorable. Your passion for sharing your expertise is unmistakable, and for that, I am deeply appreciative.
In a world where trustworthy information is more crucial than ever, your dedication to research and the provision of reliable content is truly commendable. Your commitment to accuracy and transparency shines through in every post. Thank you for being a beacon of reliability in the online realm.
In a world where trustworthy information is more crucial than ever, your dedication to research and the provision of reliable content is truly commendable. Your commitment to accuracy and transparency shines through in every post. Thank you for being a beacon of reliability in the online realm.
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In a world where trustworthy information is more important than ever, your commitment to research and providing reliable content is truly commendable. Your dedication to accuracy and transparency is evident in every post. Thank you for being a beacon of reliability in the online world.
I must applaud your talent for simplifying complex topics. Your ability to convey intricate ideas in such a relatable manner is admirable. You’ve made learning enjoyable and accessible for many, and I deeply appreciate that.
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