Acórdão do Tribunal de Justiça do Estado do Espírito Santo - TRIBUNAL PLENO (Processo 0015125-77.2021.8.08.0000), 23/03/2023
Data de publicação | 29 Março 2023 |
Número do processo | 0015125-77.2021.8.08.0000 |
Data | 23 Março 2023 |
Classe processual | Embargos de Declaração Cível ADI |
Órgão | Tribunal Pleno |
Tribunal de Origem | TRIBUNAL DE JUSTIÇA DO ESPÍRITO SANTO |
EMENTA: EMBARGOS DE DECLARAÇÃO EM AÇÃO DIRETA DE INCONSTITUCIONALIDADE. ILEGITIMIDADE RECURSAL DO AMICUS CURIAE. RECURSO NÃO CONHECIDO. 1. A orientação há muito consolidada no Supremo Tribunal Federal, no tocante à oposição de embargos de declaração pelo amicus curiae, é no sentido de que o colaborador não detém legitimidade recursal para tanto. 2. A teor do entendimento do c. STF, inaplicável o artigo 138, §1º, do Código de Processo Civil, em observância à especialidade da Lei n. 9.868/1999, que versa especificamente sobre ações diretas de inconstitucionalidade. Precedentes. 3. Carecendo de legitimidade recursal, não merecem conhecimento os embargos. 4. Embargos de Declaração não conhecido.
VISTOS , relatados e discutidos estes autos ACORDAM os Desembargadores que compõem o Tribunal Pleno deste e. Tribunal de Justiça do Estado do Espírito Santo, de conformidade com a ata e notas taquigráficas que integram este julgado, à unanimidade, NÃO CONHECER do recurso, nos termos do voto do Relator.
Vitória, ES, 23 de março de 2023.
RELATOR
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