RE: Court movement30 May 2021 15:39
The "Summary" is as follows:
Embargoes for declaration of omissions in judgment on appeal. Request for pre-questioning federal issues. In the absence of any defects to be remedied, declarations that embody a purely infringing request are not applicable. "The simple discontent of the party with the judgment does not have the power to make the embargoes of declaration applicable, which serve to improve the decision, but not to its modification, which is only very exceptionally admitted" (STJ, EDcl in AgRg in REsp 1,490 .961, HERMAN BENJAMIN). Pre-questioning. There is no need, according to the jurisprudence of the Pretorio Excelso (formed at the time of CPC / 73, but still today to apply, mainly due to the provisions of article 1.025 of the current CPC), of express pre-questioning of federal issues, mentioning article by article by its numerical identification. Enough, for knowledge of a special or extraordinary resource, the implicit prequestioning (STF, RT 703/226). Embargoes rejected.
(TJ-SP - EMBDECCV: 21994802720208260000 SP 2199480-27.2020.8.26.0000, Rapporteur: Cesar Ciampolini, Judgment Date: 05/28/2021, 1st Chamber Reserved for Corporate Law, Publication Date: 05/28/2021)