Perspectives about declaratory embargos with a protectory infringement effect

Abstract

The present research analyzes the declaratory embargoes, or embargoes for clarification, in the event, in which they are endowed with a Prohibitory Infringing Effect, for this purpose, the legal treatment given to the Embargoes Declaratory in the Code of Civil Procedure (CPC) of 2015 will be observed, especially the legal provision of the Motion for Clarification contained in article 1022, CPC, the infringing effect provided for in art. 1023, § 2, CPC, and the hypothesis of opposition of embargoes with a manifestly delaying purpose. The theme is of paramount importance considering that the Motion for Clarification consists of a protection of constitutional guarantees, since the Constitution guarantees the right to decision-making motivation. Regarding the type of investigation, in the classification Witker (1985) and Gustin (2010), the legal-projective type was chosen. According to the content analysis technique, it is a theoretical research, which will be possible from the content analysis of the doctrinal texts, norms and other data collected in the research. It is concluded that the "delaying" infringing effect would be appropriate if there is an indication of the defect contained in art. 1022 of the CPC (2015), or even in the cases of art. 966, II, IV, V and VIII, CPC (2015).