Embargos infringentes no direito processual civil brasileiro: o benefício da dúvida em prol do aprimoramento da prestação jurisdicional

Abstract

The objetive of the present study consists of making an approach, along the History, of the hypothesis of acceptance of the embargos infringentes. It goes through the debate about the main polemical aspects of its current, as well as the search to revive the discussion about the necessity of its maintenance in our juridical system. The first option was to research the older and classic works of our Civil Process Law, in order to harvest data for a historical retrospective. Afterwards, the research went to obtain and analyze actual and instigating texts, related to the most recent changes, implemented in the systematization of the embargos infringentes. The reports ant the revision of certain basic concepts of the Civil Process are the foundation of the analysis of new hypothesis of the appeal s acceptance and the polemical points that belong to it. At each digression on the controversial subject, a brief conclusion is presented. However, certainly, the questions of major evidence at the present study consist of knowing if there is any sense in the jurisprudential understanding that hinders the appeal with embargos infringentes in a process of writ and if there are reasonable advantages for its permanence in our appealing system. The study in question it will bring a detailed analysis of this resource, having pointed out the advantages and cons of its maintenance in our order, with a proposal of its substitution for a bigger effectiveness and quickness of the effective civil action