MEDIDA PROVISÓRIA Nº 1570-003, DE 20 DE JUNHO DE 1997. Medida Provisória - Disciplina a Aplicação da Tutela Antecipada Contra a Fazenda Publica, Altera a Lei 7.347, de 24 de Julho de 1985, e da Outras Providencias.
Disciplina a aplicação da tutela antecipada contra a Fazenda Pública, altera a Lei nº 7.347, de 24 de julho de 1985, e dá outras providências.
O PRESIDENTE DA REPÚBLICA, no uso da atribuição que lhe confere o art. 62 da Constituição, adota a seguinte Medida Provisória, com força de lei:
Aplica-se à tutela antecipada prevista nos arts. 273 e 461 do Código de Processo Civil o disposto nos arts. 5o e seu parágrafo único e 7o da Lei nº 4.348, de 26 de junho de 1964, no art. 1o e seu § 4o da Lei nº 5.021, de 9 de junho de 1966, e nos arts 1o, 3o e 4o da Lei nº 8.437, de 30 de junho de 1992.
O art. 16 da Lei nº 7.347, de 24 de julho de 1985, passa a vigorar com a seguinte redação:
?Art. 16. A sentença civil fará coisa julgada erga omnes, nos limites da competência territorial do órgão prolator, exceto se o pedido for julgado improcedente por insuficiência de provas, hipótese em que qualquer legitimado poderá intentar outra ação com idêntico fundamento, valendo-se de nova prova.?
Ficam convalidados os atos praticados com base na Medida Provisória nº 1.570-2, de 23 de maio de 1997.
Esta Medida Provisória entra em vigor na data de sua publicação.
Brasília, 20 de junho de 1997; 176o da Independência e 109o da República.
FERNANDO HENRIQUE CARDOSO
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