How must relative incompetence be raised under Article 64 of the Code of Civil Procedure?
Answer and explanation
Correct answer: A. By the defendant, in the contestação
- Step 1: Article 64 requires the allegation as a preliminary question in the contestação. Step 2. If it is not raised, jurisdiction is prorogated. Answer: By the defendant, in the contestação. Why not the others: the judge cannot raise relative incompetence by himself, and a separate action is not the way.
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