Embargos de declaração e sua (in)utilidade na prestação jurisdicional: um diagnóstico deste recurso nas Câmaras Fazendárias do Tribunal de Justiça do Estado de Pernambuco.

Abstract

Why is the outcome of the judgment of the Declaration of Appeal tending to be improper if it constitutes a mechanism for improving the judicial decision? The traditional civil procedural dogma teaches that the appeal of appeals of declaration is an important resource for perfecting the jurisdictional provision because they are intended to clarify a judicial decision, remedy omissions, correct contradictions or material errors in the contested decision. However, the results of the adjudication of seizure cases demonstrate that these remedies are largely unproven. In this way, the present research intends to analyze these results and its influence on the role in the jurisdictional activity under the aegis of the general theory of the utility of the resources. The decisions handed down by the Public Law organs of the Court of Justice of the State of Pernambuco will be analyzed, considering that there is a significantly higher number of confiscation embargoes in these judging bodies, than in the Civil and Criminal Chambers of this same court.