O abuso do direito de recorrer através da oposição de embargos de declaração com intuito protelatório: uma análise da prática na turma recursal de Alagoas entre 2023-2024

Abstract

This work seeks to investigate how the Appeals Panel of the Alagoas Court of Justice has dealt with the abuse of rights perpetuated by the filing of motions for clarification with a delaying purpose and how it applies the sanctions provided for in article 1.026 of the 2015 Code of Civil Procedure in the period from 2023 to 2024. Thus, the study starts from the premise that, although the right to appeal is a constitutional guarantee included in the right to a broad defense, its exercise must respect the principles of good faith, loyalty and cooperation between the parties to the proceedings. Thus, the abusive use of appeals for merely procrastinatory purposes undermines the effectiveness of judicial activity and violates the principle of reasonable duration of proceedings. Although they are technical instruments to remedy omissions, contradictions, obscurities and material errors, motions for clarification are often used to delay the satisfaction of the right acquired in the process. The research adopts a qualitative and documental methodology, analyzing court decisions of the Appeals Panel, in order to verify whether the legal sanctions 4 fines of up to 10%, conditioning the filing of new appeals and inadmissibility of repeated motions for clarification 4 have been effectively applied and on what grounds. The relevance of the topic lies in the impact on the speed and efficiency of the Special Courts, whose premise is procedural simplification and speedy judicial provision. With this, the aim is to contribute to the debate on the effectiveness of the appeals system, the role of the Judiciary in curbing practices that are harmful to the parties and research into the feasibility of increasing the percentage of the procedural fine for opposing merely fraudulent motions for clarification.