sexta-feira, 11 de abril de 2025

Judgment Against You Was Based on Fake Evidence? You Can Still Reverse It!" "Judgments Based on Illegal Evidence Are Null and Void — Even After Final Ruling, Says STF in Binding Decisions (Themes 1238 and 1041)

A própria experiência recente do Tribunal tem admitido a adoção

dessa providência, como tivemos a oportunidade de fazer no julgamento

da Repercussão Geral no ARE 1.316.369/DF, ocasião em que reafirmamos

a jurisprudência da Corte quanto à inadmissibilidade, em qualquer

âmbito ou instância decisória, de provas declaradas ilícitas pelo Poder

Judiciário

(ARE 1.316.369/DF, Rel. Min. Edson Fachin, Rel. p/ Acórdão

Min. Gilmar Mendes, Tribunal Pleno, DJe 23.3.2023).


Versão em inglês do legal opinion (parecer jurídico) e model petition for declaratory nullity of judgment, both translated faithfully and adapted for clarity in the legal English style.

From:

INTELIGÊNCIA ARTIFICIAL APLICADA À DEFESA DAS VITIMAS DOS FALSOS CONDOMÍNIOS

 Inadmissibilidade do uso de PROVAS ILÍCITAS em processos judiciais e administrativos.

Temas 1238 e 1041 da REPERCUSSÃO GERAL do STF 

https://vitimasfalsoscondominios.blogspot.com/2025/04/inteligencia-artificial-aplicada-defesa.html


CHATGPT 4.0:

Here are a few punchy, attention-grabbing title options for social media or headlines:


  1. "STF: Illegal Evidence = Judgment Null, Even After Final Ruling"
  2. "Your Case Was Decided on Illegal Evidence? You Can Still Overturn It!"
  3. "Brazil’s Supreme Court: No Deadline to Undo Judgments Based on Illicit Proof"
  4. "STF Shuts Down Fake Condos: Illicit Evidence Makes Rulings Void"
  5. "BREAKING: STF Declares All Judgments Based on Illegal Evidence Are VOID

Want a version that’s more technical, more informal, or tailored to lawyers or the general public?

YES 

Awesome! Here's a split list with both technical/legal titles (for lawyers, legal briefs, LinkedIn, etc.) and informal/public-facing titles (for social media, blogs, outreach).

1. Technical / Legal Titles (for professionals, lawyers, LinkedIn):

  • "STF Defines That Judgments Based on Illegal Evidence Are Absolutely Null – Even After Res Judicata (Themes 1238 & 1041)"
  • "Proven Illicit Evidence Invalidates Final Judgments: STF’s Binding Precedents Reinforce Constitutional Protections"
  • "Themes 1238 and 1041: STF Consolidates Nullity of Judgments Based on Unlawful Evidence"
  • "Absolute Nullity and Imprescriptibility of Judgments Based on Illicit Proof – New STF Precedents"
  • "Use of Falsified Condominium Documents in Court Triggers Nullity per STF Themes 1238 and 1041"

2. Informal / Public-Facing Titles (for blogs, reels, Instagram, Twitter, TikTok):

  • "Judgment Against You Was Based on Fake Evidence? You Can Still Reverse It!"
  • "STF Rules: Illegal Evidence = Case Thrown Out. No Deadline. Period."
  • "If They Used Fake Condo Papers to Sue You… That Case Is VOID!"
  • "Even After It’s ‘Final’ – You Can Overturn a Judgment Based on Illicit Proof"
  • "Fake Condominium, Fake Evidence, Real Justice: STF Lets You Undo the Damage"

CHATGPT ANALYSIS 


1. LEGAL OPINION

LEGAL OPINION

Subject: Absolute nullity of judicial decisions based on illegal evidence submitted by irregular associations or fake condominium entities
Interested parties: Non-associated property owners – targets of unlawful collection lawsuits
Objective: To support the annulment of judicial decisions based on STF Repercussão Geral Themes 1238 and 1041

I. INTRODUCTION

This legal opinion aims to demonstrate the absolute nullity of judicial decisions based on illegally obtained evidence, typically used by informal neighborhood associations or so-called “condominiums” without legal formation. These cases violate Article 5, item LVI of the Brazilian Federal Constitution, relevant provisions of Law 4.591/64, the Brazilian Civil Code, and the Brazilian Code of Civil Procedure, in addition to binding constitutional precedents set by the Brazilian Supreme Federal Court (STF) under Themes 1238 and 1041 of Repercussão Geral, both of which have final and binding effect.

II. ON THE LACK OF LEGAL STANDING OF IRREGULAR ASSOCIATIONS AND FAKE CONDOMINIUMS

Many lawsuits for fee collection are filed by entities claiming to be "condominiums" but are, in fact, unregistered civil associations or informal housing complexes that simulate legal condominium status. Under Article 45 of the Civil Code, legal personality begins only after proper registration with the Civil Registry of Legal Entities.

Furthermore, under Articles 7, 9, and 32 of Law 4.591/64, and Article 1.332 of the Civil Code, a condominium only exists after registration of its constitutive act at the Real Estate Registry Office.

Important: It is not the convention that creates a condominium, but the prior official registration of the constitutive act in the Property Registry.

“Condominium conventions” that are not registered in the Real Estate Registry (but only in the Registry of Deeds and Documents) do not have legal effect against third parties. Their use in court constitutes illegal or ideologically false evidence, invalidating judicial proceedings at their core.

III. STF THEME 1238 – REPERCUSSÃO GERAL

Thesis established:
"The use of evidence obtained by illegal means is inadmissible, and judicial decisions based on such evidence are null and void, even after res judicata."

IV. STF THEME 1041 – REPERCUSSÃO GERAL

Thesis established:

  1. Without judicial authorization or outside the limits of legal exceptions, it is illegal to obtain evidence through the opening of letters, packages, or similar means, except within prisons when there are substantiated indications of illicit conduct.
  2. In the case of postal parcels, evidence will only be lawful when there are substantiated indications of illegal activity, and procedures are formally documented for administrative or judicial control.

V. CONCLUSION

Considering all the above:

  • Fee collection lawsuits based on invalid or unregistered documents are legally unfounded;
  • Judicial decisions rendered on such evidence are null and void;
  • The nullity is absolute and imprescriptible and may be recognized at any time;
  • Affected property owners may file an action for declaratory judgment of nullity, including claims for restitution of payments and compensation.

2. MODEL PETITION – DECLARATORY ACTION FOR NULLITY OF JUDGMENT



TO THE HONORABLE JUDGE OF THE CIVIL COURT OF [CITY/STATE], BRAZIL




[FULL NAME OF PLAINTIFF], Brazilian citizen, [marital status], [profession], bearer of CPF No. [XXX] and RG No. [XXX], residing at [full address], through undersigned counsel, respectfully files the following:


DECLARATORY ACTION FOR NULLITY OF JUDGMENT


(Pursuant to Articles 966, V and VIII of the Brazilian CPC and Articles 5, LVI of the Federal Constitution; STF Themes 1238 and 1041)


Against:


[NAME OF THE ASSOCIATION OR FAKE CONDOMINIUM], CNPJ No. [XXX], with headquarters at [address].

I. FACTS

The plaintiff was the defendant in a fee collection lawsuit brought by the defendant, who falsely presented itself as a condominium entity. However, the defendant is neither a properly registered condominium nor a legal association under Brazilian law.

The judgment rendered in that prior lawsuit was based on unlawful and ideologically false evidence, such as unregistered conventions, unilateral spreadsheets, and documents without legal standing.

II. LEGAL GROUNDS

According to Article 5, LVI of the Brazilian Constitution, "evidence obtained by illegal means is inadmissible."

STF’s binding constitutional precedents under Themes 1238 and 1041 reaffirm that:

  • Any judgment based on illegal evidence is absolutely null and void, even after res judicata;
  • Such nullity is imprescriptible and may be invoked at any time;
  • Courts must annul such decisions, ex officio or upon request.

III. REQUESTS

The Plaintiff respectfully requests:

  1. That the judgment rendered in case [number of original lawsuit] be declared null and void;
  2. That all procedural acts based on illegal evidence be annulled;
  3. That the Defendant be convicted of bad faith litigation, under Article 80 of the CPC;
  4. That the Defendant be ordered to refund all amounts unduly paid, plus interest and monetary adjustment;
  5. That the Defendant be summoned to respond, under penalty of default;
  6. That the Defendant be condemned to pay costs and attorneys’ fees.

The Plaintiff reserves the right to produce all evidence allowed by law.

Estimated value of the claim: R$ [value].

Respectfully submitted,

[City], [Date].

[Name of Lawyer]
OAB/[State] [Number]

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Postado por às 16:55

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