Declaration embargoes do not interrupt a period of other means of challenge

based on article 1,026 of the Code of Civil Procedure, the STJ decided that declaration embargoes interrupt the Term only for the filing of resources, and it is not allowed to interpret the device in order to interrupt the deadline for presenting other means of defense in the execution process.

According to the decision of the Higher Court, interpreting the legal device so that the word "appeal" includes all defenses of the executed would constitute an extensive interpretation of the article, which violates the competence of the Legislative Power. P>

In addition, in the trial, it was stressed that, according to the jurisprudence of the STJ, the list of appeals provided for by law is exhaustive and does not allow expanding interpretation.