OAB 2a Fase Practice Questions - OAB Exame De Ordem Unificado - 2a Fase (Prova Prático-Profissional) Exam

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An appellate court (Tribunal de Justiça) issues a collegial judgment (acórdão) in an appeal where it overlooked a vital express contractual clause and failed to rule on a timely raised constitutional issue. To eliminate the obscurity and omission without altering the substance, what procedural piece must be presented, to whom, and within what deadline?

Embargos de Declaração, addressed to the reporting judge (Desembargador Relator) of the appellate panel, within 5 business days. Recurso Especial, addressed to the President of the Tribunal de Justiça, within 15 business days. Agravo Interno, addressed to the collegiate chamber, within 15 business days. Recurso Extraordinário, addressed directly to the Supreme Federal Court (STF), within 5 business days.

Correct Answer:

Embargos de Declaração, addressed to the reporting judge (Desembargador Relator) of the appellate panel, within 5 business days.

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