ProZ.com global directory of translation services
 The translation workplace
Ideas
KudoZ home » Portuguese to English » Law/Patents

O chamamento foi admitido por recente despacho, ainda não transitado em julgado

English translation: 'passed in rem judicatum

Login or register (free and only takes a few minutes) to participate in this question.

You will also have access to many other tools and opportunities designed for those who have language-related jobs
(or are passionate about them). Participation is free and the site has a strict confidentiality policy.
GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:transitado em julgado
English translation:'passed in rem judicatum
Entered by: xxxLia Fail
Options:
- Contribute to this entry
- Include in personal glossary

18:50 Dec 8, 2003
Portuguese to English translations [PRO]
Law/Patents
Portuguese term or phrase: O chamamento foi admitido por recente despacho, ainda não transitado em julgado
I am sure sure how to translate this entire sentence. It stands in a paragraph of its own.
xxxLia Fail
Spain
Local time: 19:12
The implead petition has been admitted by a recent decision, not yet final
Explanation:
"Chamamento", in this case, is short for "chamamento ao processo" or "chamamento à autoria" (implead, in both cases). What the sentence says is that the implead was accepted by the court, but such decision could yet be challenged.

Implead = to bring (a third party who is or may be liable to the plaintiff or defendant) into a suit.

Two examples with "implead petition":

Stay jeopardises interests of VST shareholders: SEBI
... Mr. MV Subramanyam and Ms. Anita Paul - who obtained the stay orders from the Court earlier, have also filed counter to the implead petition filed by Mr ...
www.blonnet.com/businessline/2001/ 06/20/stories/14201871.htm

The Hindu : DGP impleaded in Balan case
... Admitting an implead petition filed by Mr. Balan's son, B. Manimaran, the vacation bench comprising justices, P. Sathasivam and Gnanaprakasam, also posted the ...
www.hinduonnet.com/thehindu/2002/01/ 09/stories/2002010901920400.htm







--------------------------------------------------
Note added at 2003-12-11 19:07:42 (GMT) Post-grading
--------------------------------------------------

CHAMAMENTO (ao processo) is exactly IMPLEAD (to bring into a suit a third party who is or may be liable to the plaintiff or defendant.

The decision that admitted the implead petition may be challenged by the other party by means of an interlocutory appeal (name in Portuguese: Agravo de Instrumento), which has nothing to do with the sentence. Such interlocutory appeal has to be filed within a certain term (in Brazil, ten days) after the interlocutory decision has been notified to the parties (in Brazil, published). Therefore, the decision that admitted the implead petition isn\'t yet final, because the term for challenging it hasn\'t yet finished. After that term, it can no longer be challenged and will de considered \"final\" (although it\'s an interlocutory decision).

As you see, translation requires much more than knowledge of the target language. Il also requires knowledge of the source language and acquaintance with the subject matter. For a layperson, the sentence may seem nonsense.

By the way, a decision that \"passed in rem judicatum\" is the same as a \"final decision\". You may say it either in Latin or in English as it fits you better. And I assume you meant \"OAB\", not OAS.
Selected response from:

rhandler
Local time: 14:12
Grading comment
Your answer was helpful, as it provided leads, but I had it confirmed that 'chamamiento' in this context referred to 'third party proceedings'. As for 'transitado em julgado', this was rendered by the OAS, in relation to Brazil, as 'passed in rem judicatum'.
2 KudoZ points were awarded for this answer



Summary of answers provided
5The implead petition has been admitted by a recent decision, not yet finalrhandler
5The summons was recently duly served butJane Lamb-Ruiz
3The personal appearance subpoena was admitted (considered duly served) by a recent, not yet final,Amilcar


  

Answers


20 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
The personal appearance subpoena was admitted (considered duly served) by a recent, not yet final,


Explanation:
decision.

My interpretation.



--------------------------------------------------
Note added at 2003-12-08 19:47:46 (GMT)
--------------------------------------------------

There is no exact equiv in eng for \"transitar em julgado\". I have always rendered this via some idea of \"becoming final\". A decision (sentença, in most cases) that has \"transitado em julgado\" is one that has become \"untouchable\", namely, cannot be appealled, re-opened, etc. Any reversal will have to come from another action. Something like this.


--------------------------------------------------
Note added at 2003-12-08 20:36:50 (GMT)
--------------------------------------------------

OK, I relent.

Very often questions of service (say, of summons to the parts) arise, e.g., because a party cannot be served personally, or whatever.

Often, the court has to rule on whether proper service exists (e.g., by public notice, or because a part has shown knowledge of the action, or an attorney entered an appearance that can be construed as service to that particular party, etc).

Um despacho que \"admits\" service SEEMS to be a ruling by the court that proper service exists. This is my \"pitada de dúvida\".

The ruling is recent, and it seems that \"trânsito em julgado\" (end of all opportunities by the parts to question it) is required. Because it is recent, it has not \"transited\" yet, so it can still be questioned. By the way, questioning such a determination is awfully difficult, since one needs to make some sort of an appearance on a case that one claims not to know of :)

The idea that \"não transitou em julgado\" means, in this case, that the guy has not shown up yet is, let us say, peculiar.

Cheers,









--------------------------------------------------
Note added at 2003-12-09 15:57:11 (GMT)
--------------------------------------------------

rhandler\'s interpretation (infra) is much more likely to be the correct one.

I am leaving this visible because the stuff about \"trânsito em julgado\" still holds.



Amilcar
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 196

Peer comments on this answer (and responses from the answerer)
neutral  Jane Lamb-Ruiz: Please tell me how this structure works: A subpoena is admitted by a not yet final decision? What does that mean??
48 mins
Login to enter a peer comment (or grade)

42 mins   confidence: Answerer confidence 5/5
The summons was recently duly served but


Explanation:
as yet there has been no court appearance. [of the summoned party]
My undertanding....

Jane Lamb-Ruiz
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in pair: 3273

Peer comments on this answer (and responses from the answerer)
agree  Claudio Mazotti
3 hrs

disagree  rhandler: Chamamento is something else: implead
3 hrs
Login to enter a peer comment (or grade)

4 hrs   confidence: Answerer confidence 5/5
The implead petition has been admitted by a recent decision, not yet final


Explanation:
"Chamamento", in this case, is short for "chamamento ao processo" or "chamamento à autoria" (implead, in both cases). What the sentence says is that the implead was accepted by the court, but such decision could yet be challenged.

Implead = to bring (a third party who is or may be liable to the plaintiff or defendant) into a suit.

Two examples with "implead petition":

Stay jeopardises interests of VST shareholders: SEBI
... Mr. MV Subramanyam and Ms. Anita Paul - who obtained the stay orders from the Court earlier, have also filed counter to the implead petition filed by Mr ...
www.blonnet.com/businessline/2001/ 06/20/stories/14201871.htm

The Hindu : DGP impleaded in Balan case
... Admitting an implead petition filed by Mr. Balan's son, B. Manimaran, the vacation bench comprising justices, P. Sathasivam and Gnanaprakasam, also posted the ...
www.hinduonnet.com/thehindu/2002/01/ 09/stories/2002010901920400.htm







--------------------------------------------------
Note added at 2003-12-11 19:07:42 (GMT) Post-grading
--------------------------------------------------

CHAMAMENTO (ao processo) is exactly IMPLEAD (to bring into a suit a third party who is or may be liable to the plaintiff or defendant.

The decision that admitted the implead petition may be challenged by the other party by means of an interlocutory appeal (name in Portuguese: Agravo de Instrumento), which has nothing to do with the sentence. Such interlocutory appeal has to be filed within a certain term (in Brazil, ten days) after the interlocutory decision has been notified to the parties (in Brazil, published). Therefore, the decision that admitted the implead petition isn\'t yet final, because the term for challenging it hasn\'t yet finished. After that term, it can no longer be challenged and will de considered \"final\" (although it\'s an interlocutory decision).

As you see, translation requires much more than knowledge of the target language. Il also requires knowledge of the source language and acquaintance with the subject matter. For a layperson, the sentence may seem nonsense.

By the way, a decision that \"passed in rem judicatum\" is the same as a \"final decision\". You may say it either in Latin or in English as it fits you better. And I assume you meant \"OAB\", not OAS.


    Merriam Webster's Dictionary of Law
rhandler
Local time: 14:12
Native speaker of: Portuguese
PRO pts in pair: 7949
Grading comment
Your answer was helpful, as it provided leads, but I had it confirmed that 'chamamiento' in this context referred to 'third party proceedings'. As for 'transitado em julgado', this was rendered by the OAS, in relation to Brazil, as 'passed in rem judicatum'.

Peer comments on this answer (and responses from the answerer)
disagree  Jane Lamb-Ruiz: it may mean implead BUT to admit by a recent decision not yet finalized makes no sense
15 hrs
  -> Yes, Ms. Lamb-Ruiz, it makes sense for a lawyer. Please read the note above.

agree  Amilcar: Yes, the decision is about proceeding to cite other party/ies. Do not know the eng, but implead makes sense.
16 hrs
  -> Thank you, Amilcar.
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.



See also: