Audiência Cível de Conciliação 8 - Processo.n.0840675.03.2016.8.12.0001

Summary

This transcript covers a court hearing where the judge is facilitating a conciliation between two parties in a long-running eviction and debt case. The parties discuss the possibility of reaching an agreement for the occupant to vacate the property within 45 days without further debate over past debts. After negotiating terms, including a debt forgiveness clause, both sides agree to the settlement. The judge emphasizes the importance of adhering to the agreement, warning that failure to vacate the property will lead to forced eviction. The session concludes with a signed agreement between the parties, bringing the case closer to resolution.

Takeaways

• 😀 The judge opens the hearing by introducing the purpose and format of the session, which includes recording for online learning and training purposes for law students and professionals.
• 😀 The parties and their respective lawyers are asked to identify themselves for clarity and participation in the online project.
• 😀 The judge inquires if there is any objection to the recording of the hearing, with the agreement of all parties to proceed with it.
• 😀 The judge discusses the possibility of reaching an agreement before delving into the details of the case, encouraging parties to explore potential resolutions.
• 😀 One of the parties, represented by a lawyer, proposes a 90-day period for the defendant to vacate the property without further discussion of the existing debt, in exchange for the debt being forgiven.
• 😀 The judge emphasizes the need for a clear 'yes' or 'no' response from the defendant regarding the proposed agreement, without getting into past disputes.
• 😀 The defendant offers a counter-proposal, suggesting that the property be vacated within 30 days instead of 90, acknowledging the challenges involved.
• 😀 The judge advises both parties to consider the practical implications of the agreement and suggests that some flexibility in the timelines is necessary to reach a compromise.
• 😀 The parties are encouraged to set aside past grievances in favor of a practical solution that benefits both parties, with an emphasis on finding a reasonable middle ground.
• 😀 A final agreement is reached, with the defendant agreeing to vacate the property within 45 days, and the debt being forgiven in exchange. A penalty clause is included to ensure compliance with the agreement.

Q & A

What is the main purpose of the court hearing in the transcript?

The main purpose of the court hearing is to address a dispute over eviction and the forgiveness of debt, with the goal of reaching a settlement agreement between the plaintiff (Requerente) and defendant (Requerida).

How does the judge explain the purpose of recording the hearing?

The judge explains that the hearing is being recorded for an online audience as part of a project authorized by the CNJ (National Justice Council), which allows law professionals and students to learn from real-life legal experiences.

What is the proposed solution by the plaintiff’s representative regarding the eviction?

The plaintiff's representative proposes that the defendant vacate the property within 90 days, after which no further discussion regarding the debt would take place.

What counterproposal does the defendant’s representative suggest?

The defendant’s representative proposes a shorter timeframe of 30 days for vacating the property, to resolve the situation sooner.

What is the final agreement regarding the timeframe for eviction?

The final agreement sets a 45-day period for the defendant to vacate the property, after which an eviction order will be issued if the defendant does not comply.

What happens if the defendant fails to vacate the property within the agreed timeframe?

If the defendant fails to vacate the property within the 45-day period, the plaintiff is entitled to request an eviction order without further consultation with the defendant.

What is the agreement concerning the debt forgiveness?

The plaintiff agrees to forgive all debts related to the rental, including water, electricity, and other services, provided the defendant vacates the property as agreed.

Who is responsible for the utility bills during the rental period?

The defendant is responsible for paying the utility bills (water, electricity, etc.) until the date they vacate the property.

How are the legal costs handled according to the agreement?

Each party is responsible for their own legal costs and fees, as per the agreement reached during the hearing.

What happens after the agreement is reached during the hearing?

Once the agreement is reached, the judge requests both parties to sign it, and the case is formally concluded with the agreement being documented and homologated for execution.