Embargo lifted?3 Dec 2020 13:29
https://www.jusbrasil.com.br/diarios/1103845499/trt-8-judiciario-01-12-2020-pg-110
It appears that the embargo requires a re-examination of the evidence brought to the file, as it does not agree with the outcome of the dispute. However, under the terms of art. 1022, items I and II, of CPC / 2015, embargoes of declaration are applicable only when the sentence is contradictory, obscure or omitted.
Now, if the party is not satisfied with the outcome of the trial, it must resort to the appropriate legal remedy available in the Brazilian procedural system, which is certainly not the chosen route. In this case, however, there is no glimpse of the omission and contradiction pointed out by the defendant.
Reject.
SOLIDARITY RESPONSIBILITY NO FRAUD AND
ECONOMIC GROUP
[...]
With no reason. When analyzing the terms of the grounds for the judgment, it appears that the reasons why the existence of an economic group and fraud in the succession are still clear, a matter even known to this Eg. Panel, as highlighted in the embargoed decision.
Furthermore, differently from what the plaintiff intends to believe, the court is not obliged to face, specifically, each of the arguments presented by the party, as long as it appreciates the matter and pronounces on the requests.
In fact, the intention of the embargo is to unduly use the embargoes of declaration to obtain reform of the decision, since the position adopted by this E. Turma was unfavorable to it, which is inadmissible.
Thus, I dismiss it.