The adhesion+of the+part+defendant+opposite+to the indication+of the+competence+referee+made+from the+party+actress+opponent+not+it involves the applicability+of art.+38,+co.+2,+cod.+Proc.+Civ.,+So the+judge+not+can+pronounce+order+cancellation+cancellation+of the +cause+from the+role+but,+in the exercise+of the+own+competence+functional+and+mandatory+on the opposition,+must+declare+with+judgment+the incompetence+judge+that has+it emitted+the+decree+and,+consequently,+the+nullity+of the+itself,+adjusting+the+expenses+of+litigation.