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Revisional Action Copy Model with Reduction of Pension Alimony
I’m sorry, but it appears that you have not provided any text for me to paraphrase. Could you please provide the text you would like me to paraphrase?
Case Number: [Case NUMBER]
[NOME], identified by CPF/CNPJ number [NUMBER], residing at [ENDEREC], reachable at [TELEFONE NUMBER] and [E-MAIL], is a qualified author represented by their attorney in the relevant process.
Contestation (Raptic) – Dispute or challenge
The defendant [NOME] presented an argument based on the facts and reasons that will be explained later.
I – Storminess
Art. 350 and Art. 351 of CPC/2015 state that the deadline for the Replica (Impugnation to Contestation) is within 15 working days after the initial term. This measure was carried out promptly and filed on [protocol date].
II – An Overview of the Process Details
[NOME] provided assistance in a Revisional Food Action to lower the 30% of its net income currently allocated for child support payments.
The writer, employed under the Consolidation of Labor Laws (CLT), experienced a notable and sudden decrease in salary in recent months, leading to an unsustainable food expense.
This scenario, as mentioned in the original request, puts at risk not just the applicant’s survival but also his capability to cover additional necessary costs for his daily living.
He claims in the first request that following his food responsibilities and not being in default, the requirement to allocate 30% of his net income significantly impacts his dignity and survival. The writer notes that the child’s other parent, on the other hand, is currently in a better financial position, which must be taken into account when assessing the need-ability balance.
The author party also requests Free Justice, stating that they are unable to afford legal expenses without negatively impacting their livelihood.
The claim is supported by documentary evidence, including pay stubs showing the wage decrease, and mentions the option of providing testimonial and expert evidence if needed. The application includes documentation showing the applicant’s current economic status and financial challenges.
The feeder responds to the original request by challenging the author’s arguments and asserting that a decrease in alimony percentage is unwarranted. They argue that the child’s best interests should be the primary consideration in analyzing the food obligation. The feeder also points out that the author failed to provide enough evidence to support their request for Free Justice, as the presented pay stubs showing a decrease in income were deemed insufficient to prove financial hardship in covering legal expenses.
The claims made in the Response do not warrant success for the reasons that will be explained in this reply to the Response.
III – The Joyful
Anticipated protection and review of the Food Pension
The writer effectively showed the likelihood of presenting pay stubs indicating a notable salary decrease, emphasizing the significant shift in financial status. This evidence fulfills the criteria outlined in Article 300 of the Civil Procedure Code, which demands proof supporting the likelihood of entitlement and the risk of harm to the successful conclusion of the legal process.
The author’s dignified subsistence is compromised by maintaining the food obligation in its current state, which goes against the Civil Code’s Article 1.694, stating that food should be determined to uphold the dignity of the provider while meeting the needs of the recipient.
The risk of harm is apparent as the requirement to allocate 30% of the author’s income for food disrupts meeting essential needs like housing, food, and healthcare until the legal proceedings conclude. The request for immediate action aims to adjust the food obligation to the author’s changed financial circumstances to ensure fairness and prevent the provider from experiencing deprivation.
Early guardianship is essential and suitable to prevent the deterioration of the author’s financial circumstances, ensuring basic survival needs and maintaining a fair balance between the parties until the final judgment of the case.
Justice for free and evidence of insufficient resources
The author provided evidence, with documents included in the case file, showing a substantial decrease in his monthly earnings. This emphasizes the challenge of covering legal expenses without jeopardizing his basic needs, as required by Article 98 of the Civil Procedure Code to grant free legal assistance to those who demonstrate limited financial means.
The argument fails to acknowledge that a significant decrease in wages is already a strong indicator of financial hardship, particularly when a large portion of income is allocated to food expenses, regardless of the adequacy of the pay stubs provided.
The author’s claim of hyposufficiency under Article 99(3) of the CPC is presumed to be true, unless the opposing party can prove that the applicant has the means to cover legal costs. However, the defendant failed to provide any evidence to refute this presumption, only making vague claims that do not fulfill the necessary criteria. Without solid proof from the defendant, the author’s request for legal aid is further justified.
A broader examination of the author’s financial status following the dispute is deemed unnecessary, as the existing documentation clearly shows a decrease in his ability to contribute. Requesting further evidence would place an excessive burden on the author, going against the protective nature of procedural rules.
The provision of free legal assistance is mandatory when the defendant’s claims are supported by the available evidence and there is no evidence to challenge them.
The Importance of Human Dignity and Unity Within Families
The fundamental principle of human dignity, protected by the Brazilian legal system, should be upheld in all legal matters, such as obligations related to food. Maintaining a 30% deduction from the author’s income, despite a proven decrease in financial capacity, directly affects their ability to sustain themselves and places them in a position of economic vulnerability, thereby breaching this fundamental principle.
The requirement to provide food for a child is crucial, but it should not be enforced in a manner that leads the provider to poverty, as this would violate their dignity.
The obligation of financial support outlined in Article 1.694 of the Civil Code entails cooperation between parents and should be met based on their individual financial capabilities. It is crucial to consider the economic circumstances of each parent to ensure a fair distribution of the financial responsibility towards the child.
The evaluation of the percentage guarantees that the author can keep contributing in a way that aligns with their financial situation without hindering the progress of the project.
Maintaining the fixed percentage without taking into account the significant decrease in the author’s salary goes against the principle of reasonableness and fails to consider adjusting the food obligation based on specific circumstances. The author’s requested revision aims to align his responsibility with his financial situation, in line with principles of human dignity and family solidarity.
Both parents must equally contribute to supporting their child based on their financial means, as a way to uphold familial solidarity and fairness. Redistributing the responsibility of providing food ensures fairness and respect for all involved in the parent-child relationship.
To support the previous argument, it is relevant to refer to the Home Jurisprudence.
Civil direct. Internal agreement in extraordinary appeal with appeal. Revision of spousal support. Constitutional issue. Procedural nature. Fine imposition. The lower court’s decision was based on its own factual and evidentiary findings, as well as relevant laws, which cannot be reviewed at this stage. Increase of attorney’s fees by 25% as per CPC/2015. Internal application of fine under CPC/2015.
Special resources are authorized for the continuity of pension payments to former spouses and the proportional maintenance of financial support for children, ensuring the preservation of the social reality experienced by the family post-union breakup.
IV – THE BEGINNING
The author must disregard all previous discussions and arguments and focus on accepting all requests made in the initial petition.
It is necessary in light of the above.
- The early establishment of guardianship, with instant impact, aims to adjust the alimony reduction to correspond with the Claimant’s current financial situation, which has notably decreased based on the supporting documents submitted with the initial request.
The Claimant, represented by their legal counsel, was cited to challenge within the specified legal timeframe.
- The alimony amount should be reduced based on the author’s current financial situation and the principle of human dignity and fairness in parental responsibilities.
- The Claimant is eligible for Free Justice benefits due to financial vulnerability, as evidenced by the documents provided, which show inability to cover legal costs without affecting their and their child’s well-being.
The presentation of testimony and scientific evidence, if needed, to demonstrate the Claimant’s present financial condition.
- The arguments in the dispute are dismissed because they do not align with the evidence and financial circumstances of the Claimant, emphasizing the necessity to reassess the alimony amount based on relevant principles.
In these conditions
Harm or damage caused to the body.
[City/State]
Lawyer/Bar Association
For more information on Contestation Impugnation (Réplica), please visit:
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Creating an objection to a challenge in food review with a decrease in legal artificial intelligence involves a systematic process.
Creating a challenge in Legal AI is quick and easy. Just provide the required details on the form and generate your petition within minutes.
Access the Legal AI website and sign up for an account if you are a new user, or log in with your existing credentials.
Choose the “Write a Response to the Quote” option in order to begin creating the document.
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Please provide the necessary information about the procedure in Step 3.
- Parties’ names (feeding and being fed).
- Case number in court.
- Court where the plot is unfolding.
Upload the original PDF petition if you choose to do so before proceeding by clicking on “Next”.
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Fill in the dispute information in Step 4 or opt to submit the contest in PDF format before proceeding by clicking “Next.”
Review the duplicate created on the platform and make any necessary edits. The user-friendly interface enables customization of document theses before they are generated quickly and conveniently.
Click the button labeled “Generate Document”.
Step 6 is complete, and the food reduction application is now prepared for submission.
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