1 ____________________________________________________________________ Hon. SR. DR. Judge of the MM. SINGLE STICK County Arraial do Cabo - RJ. Case No. 2007.005.

002190-7 Richard Smith Rafael Barreto, Brazilian, single, fisherman, bearer of identity c ard n. 23547366-7, IFP / RJ, CPF n. 134256557-60, resident and domiciled at Rua Joaquim Nabuco, No. 9 neighborhood, Praia Grande, Arraial do Cabo - RJ, CEP. 289 30-000, comes by his attorney signed infrastructure (power of attorney document attached), with offices located in the PC. Tiradentes, n. 8, Downtown, Cabo Frio - RJ, in accordance with Article 297 and following of the Code of Civil Procedu re, to lodge a response to this action of food moved by Bernardo dos Santos Barr eto, and its legal representative Fernanda Mendonça dos Santos, already qualifi ed by facts and evidence begins to expose: (1). The legal representative of the author, in his play vestibular, alleges that the defendant lived with for two co nsecutive years and that this relationship has come the birth of the child Berna rdo Barreto dos Santos, author of this action. (2). It argues, instead, that is unable to cope with the financial support of his son, even demanding, in some in stances, help from family and friends to this aim .. (3). Nevertheless, states t hat the scope of the defendant is clear, because it carries autonomous activity, and that for this activity receives as compensation the value of $ 600.00 (six hundred dollars), this reason that justifies their request for food in a minimum wage, the assumption remains proven employment relationship, their permanence i n the proportion Praça Tiradentes, 8, Centro - Cabo Frio - RJ Tel 022.9927-3665 / e-mail.: Mccad vogado@yahoo.com.br 2 ____________________________________________________________________ 35% of its net earnings, these focusing on your 13th salary, PIS, FGTS and other severance payments, these modality provisional and definite, and a condemnation of the defendant, at the end, to pay the court costs and fees attorneys. (4). H owever, mister becomes strongly refute facts and arguments made by legal represe ntative of the author, because, besides being completely divergent from the trut h, show themselves to be excessively unwise in view of the harm that can result from such practice, and may even pass the harmonious and respectful coexistence among the people involved in this action, and lead to financial losses so immeas urable, that a defendant does not receive as compensation for services performed as "FISHERMAN" the wages of $ 600.00, but $ 300.00 (three hundred reais), two f or that with its low wages, and already effecting the payment of pension in issu e in the amount of $ 100.00 (one hundred reais), still has to shoulder some resp onsibility personal and family expenses, then, is from a humble family and can n ot afford to extravagances. (5). Thus, the defendant expects to be obeyed the bi nomial-needed chance for both parties to the process, because its respectability gird penetrating the patriotic beset by our courts. (6). Nevertheless, it is ve ry important to note that omitted the legally representing the author, in his se minal piece, its financial condition, therefore, did not state that has a formal contract (Esso Station), unlike the defendant, and that for this work receives a salary which is close to R $ 550.00 (five hundred fifty dollars) per month, an d that because it has joint responsibility with the defendant and can not theref ore give full and unqualified responsibility to it, because if you you had shown bad faith in dealing with procedural, and demonstrate complete inability in mai ntaining custody of the child who stars in this action. (7). Moreover, it is emp hasized that the defendant was never neglectful of his son, in their various way s, always giving priority to the absolute care to family, why she always lacking

harmony, affection, love, and especially financial support, even after de facto separation of the couple. (8). Thus, the defendant is aware of the need for mai ntenance and adjustment of the value of the lowest monthly to the annuitant, but wait, too, that it be established fairly and Praça Tiradentes, 8, Centro - Cabo Frio - RJ Tel 022.9927-3665 / e-mail.: Mccad vogado@yahoo.com.br 3 ____________________________________________________________________ respecting their ability and needs of the child and his legal representative, sa ying it will aim to benefit the child in all its ramifications. (9). However, do not give up, the defendant, the visits legally established, thus€Only then can assist the child with love and paternal love, which is being impeded, in some i nstances, by the author, without measuring the consequences of their actions. Gi ven all the foregoing, it is required that: (a). What are afforded the benefits of Law 1.060/50, or gratuity of justice, declaring under penalty of law that is not able to afford the court costs and attorneys' fees without incurring harm hi mself and his family, (b). understanding is not the appropriate means to grant s uch a request, but in the form of respecting the principle of judicial economy, which is regularized defendant's visit to his son to the law, (c). the fixing of food in proportion of 30% (thirty percent) of the net earnings of the defendant , or 25% of the prevailing minimum wage, following up, so the binomial option-ne cessity that rules in this demand, and even changing economic and financial capa city. Speak to prove the claim by all means of proof admitted in law, especially documentary and testimonial evidence of the personal representative of the auth or. Terms under which expects acceptance. Arraial do Cabo, October 23, 2007. Marcelo Carlos Castro OAB-RJ 109 428 Praça Tiradentes, 8, Centro - Cabo Frio - RJ Tel 022.9927-3665 / e-mail.: Mccad vogado@yahoo.com.br