Embargos Infringentes
Autor | Luciano Dalvi |
Ocupação do Autor | Formado em Direito pela UVV-ES. Especialista em Direito Público e Processual Público pela CONSULTIME/Unives. Advogado |
Páginas | 197-198 |
Page 197
Os embargos infringentes estão previstos nos arts. 530 a 534. Vejamos:
Art. 530. Cabem embargos infringentes quando o acórdão não unânime houver reformado, em grau de apelação, a sentença de mérito, ou houver julgado procedente ação rescisória. Se o desacordo for parcial, os embargos serão restritos à matéria objeto da divergência.
Art. 531. Interpostos os embargos, abrir-se-á vista ao recorrido para contrarrazões; após, o relator do acórdão embargado apreciará a admissibilidade do recurso.
Art. 532. Da decisão que não admitir os embargos caberá agravo, em 5 (cinco) dias, para o órgão competente para o julgamento do recurso.
Art. 533. Admitidos os embargos, serão processados e julgados conforme dispuser o regimento do tribunal.
Art. 534. Caso a norma regimental determine a escolha de novo relator, esta recairá, se possível, em juiz que não haja participado do julgamento anterior.
Importante ressaltar que o Anteprojeto do Novo Código de Processo Civil suprimiu os embargos infringentes.
Novidades sobre o tema: O Anteprojeto do Novo Código de Processo Civil traz algumas regras sobre o embargo de divergência. Vejamos:
Seção III
Dos Embargos de Divergência
Art. 959. É embargável a decisão de turma que:
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I - em recurso especial, divergir do julgamento de outra turma, da seção ou do órgão especial, sendo as decisões, embargada e paradigma, de mérito;
II - em recurso especial, divergir do julgamento de outra turma, da seção ou do órgão especial, sendo as decisões, embargada e paradigma, relativas ao juízo de admissibilidade;
III - em recurso especial, divergir do julgamento de outra turma, da seção ou do órgão especial, sendo uma...
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