Acórdão do Tribunal de Justiça do Estado do Espírito Santo - CÂMARAS CRIMINAIS REUNIDAS (Processo 0010378-18.2016.8.08.0014), 13/09/2021
Data de publicação | 17 Setembro 2021 |
Número do processo | 0010378-18.2016.8.08.0014 |
Data | 13 Setembro 2021 |
Classe processual | Embargos de Declaração Criminal EIfNu Ap |
Órgão | Câmaras criminais reunidas |
Tribunal de Origem | COLATINA - 3ª VARA CRIMINAL |
EMENTA: EMBARGOS DE DECLARAÇÃO NOS EMBARGOS INFRINGENTES E DE NULIDADE. OMISSÃO NO JULGADO. DESCABIMENTO. REEXAME DA MATÉRIA. FINS DE PREQUESTIONAMENTO. IMPOSSIBILIDADE. EMBARGOS IMPROVIDOS. 1. Em conformidade com o previsto no artigo 619 do Código de Processo Penal, os embargos de declaração são cabíveis apenas quando houver na decisão ambiguidade, obscuridade, contradição ou omissão, não se prestando para reexaminar as questões de mérito debatidas no acórdão. 2. Inexistindo omissão no venerável acórdão, impõe-se a rejeição dos embargos de declaração opostos, porquanto não se prestam a rediscutir questões já decididas, ou mesmo à discussão sobre o acerto ou desacerto do julgado. 3. Não se mostra necessária a interposição de embargos de declaração quando as matérias suscitadas já foram objeto de apreciação em recurso próprio, sendo possível a interposição de recursos aos Tribunais Superiores mesmo sem a oposição dos aclaratórios, conforme exegese contida nas Súmulas n°s 211 do STJ e 282 e 356 do STF. 4. Embargos conhecidos e improvidos.
Vistos, relatados e discutidos os presentes autos, ACORDA o Egrégio Tribunal de Justiça () em, À UNANIMIDADE, NEGAR PROVIMENTO AOS EMBARGOS DE DECLARAÇÃO, NOS TERMOS DO VOTO DO EMINENTE RELATOR.
Vitória, .
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