Embargos de declaração para fins de presquestionamento

Abstract

The amendment of judgment ("'embargos de declaração"), is essential to achieve a perfect judicial assistance and the effectiveness of the judicial decisions in a law suit, making them clear, accurate and complete, which implies ensuring constitutional principles such as the free access to justice and the motivation acts of decision making (article 5, subsections XXXV, LIV and article 93, of the Brazilian Federal Constitution). Because of its evident importance, and considering its use often incorrectily in the law suit, this paper will have the Scope to examine conceptual Issues regarding the amendment of judgment and controversial issues within the Superior Court of Justice and the Federal Supreme Court involving its function known as "prequestionadora", that aims to accept the special and extraordinary appeals. Therefore, this work will have the scope to provide the correct and consistent use of the amendment of judgment, according to the legal and constitutional procedural, in order to become possible the improvement of the jurisdictional activity and the admission of extraordinary appeals