Súmula 184
Autor | Fernando Augusto de Vita Borges de Sales |
Ocupação do Autor | Advogado. Mestre em direito. Professor do curso de direito da UNIP - Universidade Paulista e Professor do curso de direito da UNICID - Universidade Cidade de São Paulo |
Páginas | 70-71 |
Page 70
EMBARGOS DECLARATÓRIOS. OMISSÃO EM RECURSO DE REVISTA. PRECLUSÃO.
Ocorre preclusão se não forem opostos embargos declaratórios para suprir omissão apontada em recurso de revista ou de embargos.
Assunto: recurso; embargos de declaração.
Legislação correlata: CLT/897-A. Súmulas do TST relacionadas: 278; 421.
Comentários
Previsto na CLT/897-A, os embargos de declaração são o recurso cabível contra sentença ou acórdão,
Page 71
quando houver omissão ou contradição no julgado, ou manifesto equívoco no exame dos pressupostos extrínsecos do recurso, admitindo-se expressamente o efeito modificativo da decisão.
Uma função importante dos embargos de declaração, também, é o de prequestionar a matéria objeto do recurso de revista (ver comentários à súmula 297, II).
No que tange à omissão do acórdão que julga recurso de revista ou recurso de embargos, os embargos de declaração são indispensáveis, sob pena de preclusão da matéria, tornando inviável, inclusive, o recurso extraordinário, conforme súmula 356 do STF:
STF, súmula 356.
PONTO OMISSO DA DECISÃO....
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