LABORISAI
← Glossary

What is Motion for clarification (embargos de declaração)?

Also: embargos de declaração · motion to clarify

A motion for clarification corrects defects in a decision, not its justice. It lies against a judgment or an appellate ruling that contains an omission, contradiction, obscurity or material error (art. 897-A of the CLT; art. 1.022 of the CPC), within five days, and it interrupts the deadline for the other appeals.

It is also the instrument of prequestioning: by prompting the court to rule on a matter left in silence, it opens the way to appeals before the higher courts. Well used, it refines the decision; misused, it merely delays.

How LABORIS AI uses it

LABORIS AI follows each case’s chain of appeals and recognizes that a motion for clarification interrupts deadlines and may change the content of the decision, keeping the recorded outcome aligned with the court’s latest pronouncement.

Legal basis
CLT, art. 897-ACPC, art. 1.022

Informational content — it is not legal advice.