(In)existência de reformatio in pejus diante do efeito translativo nos embargos de declaração

Abstract

The present work aims to answer whether it is considered reformatio in pejus in cases where the translative effect is present, causing the matter of public order to be accepted without having first been raised by the parts in the context of the motion for clarification. The main example to be debated will be when one of the parts opposes the motion aiming to remedy some defect and is surprised by a procedural turnaround with the acceptance of a matter of public order. To this end, through the hypothetical-deductive method, the resource in question will be clarified and the devolutionary and translational effects and the matter of public order will be treated so that it is possible to understand whether it is an exception to the reform for the worse. The research found that the translative effect is an exception, as the judge can accept matters of public order of procedimental nature that were not previously mentioned