Embargos infringentes e sua funcionalidade no sistema jurídico-constitucional brasileiro

Abstract

It deals with the present study deep analysis concerning the functionality of the “Embargos Infringentes” in the legal-constitutional system. One searchs to focus, at a first moment, the concepts of process just and the importance of the ways to modificate judicial decisions for the accomplishment of that one. Also the functionality of the “embargos” is visualized offenders through statistical data disponibilizados by the “Conselho Nacional de Justiça”, of form to collate definitive doctrinal ideas to the real use of the related specie. At one third moment, it is transferred analyzes of a general theory of the resources civil court jurisdiction, to understand the institute, analyzing its description, concept, defended interests, beyond other correlated institutes. Finally, constituting the parcel most significant of the present study, it becomes analysis of a series of questionings appeared since the advent of the “Código de Processo Civil Brasileiro de 1939”, transferring itself for the reforms of the Code of 1973, as well as of the Law nº 10.352/01, that it brought significant related legislative changes to the subject. On the basis of these modifications, its real uses is verified, collating itself the innumerable judgements of the STJ on the focused subject. Doctrinal position concerning thes use of the “embargos! in “mandado de segurança”, “remessa necessária” and “agravos”, for being old, however, alive quarrels. All are weaveeed the based doctrinal positionings in workmanships of national and foreign jurists, as well as in rich jurisprudence of the superior courts.