Esta postagem é direcionada aos colegas advogados.
O artigo 107 do Código de Processo Civil vigente é em sua íntegra um artifício essencial ao advogado no que se trata à carga ou vistas em secretaria dos autos.
Como podemos ver:
Art. 107. O advogado tem direito a:
I – examinar, em cartório de fórum e secretaria de tribunal, mesmo sem procuração, autos de qualquer processo, independentemente da fase de tramitação, assegurados a obtenção de cópias e o registro de anotações, salvo na hipótese de segredo de justiça, nas quais apenas o advogado constituído terá acesso aos autos;
II – requerer, como procurador, vista dos autos de qualquer processo, pelo prazo de 5 (cinco) dias;
III – retirar os autos do cartório ou da secretaria, pelo prazo legal, sempre que neles lhe couber falar por determinação do juiz, nos casos previstos em lei.
§ 1o Ao receber os autos, o advogado assinará carga em livro ou documento próprio.
§ 2o Sendo o prazo comum às partes, os procuradores poderão retirar os autos somente em conjunto ou mediante prévio ajuste, por petição nos autos.
§ 3o Na hipótese do § 2o, é lícito ao procurador retirar os autos para obtenção de cópias, pelo prazo de 2 (duas) a 6 (seis) horas, independentemente de ajuste e sem prejuízo da continuidade do prazo.
§ 4o O procurador perderá no mesmo processo o direito a que se refere o § 3o se não devolver os autos tempestivamente, salvo se o prazo for prorrogado pelo juiz.
O artigo em seu §3º Parágrafo evidência possibilidade ainda não vislumbrada por muitos colegas, a possibilidade de retirada dos autos mesmo não estando habilitado no processo.
Em conjunto com o Inciso I do mesmo artigo é possível não somente ter vistas, como obter a carga dos autos sem estar habilitado, vejam como é simples:
Solicito a vista dos autos (sendo claro que ele não pode estar em segredo de justiça) na última hora do expediente forense da comarca a qual estou, um exemplo, se meu expediente forense termina às 14:00 h eu irei pedir vistas aos autos às 13:00 h. Como o expediente se encerra às 14:00 h, poderei sair com os autos em mãos até as cinco primeiras horas do próximo expediente forense da comarca. Ou seja, mais tempo para avaliar o processo, estudá-lo ou até mesmo fotocopiar/digitalizar caso o número de páginas seja muito extenso.
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