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  3. Law (general)

acórdão embargado

English translation: appealed decision/judgment

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:acórdão embargado
English translation:appealed decision/judgment
Entered by: Martin Riordan

17:58 Oct 12, 2013
Portuguese to English translations [PRO]
Law/Patents - Law (general) / Interlocutory appeal
Portuguese term or phrase: acórdão embargado
Dear colleagues,

I am having trouble with the above terminology at the moment and would like to request your help. I would need the corresponding technical terminology.

Context:

"A singela divergência verificada entre as projeções de receita operacional da ZZZZ, demonstrava que a disparidade entre o valor de emissão de ações apontado em cada laudo não resultam das perspectivas supostamente deprimidas da XXXX - nem da alegada não contabilização do empréstimo concedido pelo YYYY, que foi devidamente contemplado pela XXXX -, mas sim de erros grosseiros no laudo MMMM, com a total desconsideração dos efeitos inflacionários e outras críticas não enfrentadas pelo v. acórdão então embargado."

Please allow me to thank you for your help in advance!
All the best!
Jorge Soares
United States
Local time: 02:20
appealed decision/judgment
Explanation:
"acórdão" is a decision taken by a higher court (in Brazil, normally three judges) as the result of an appeal. This decision, in turn, can be appealed to an even higher court (STJ or STF). "embargado" means appealed. So it would seem that the appeal court's decision was then appealed to a higher court.
Selected response from:

Martin Riordan
Brazil
Local time: 03:20
Grading comment
Selected automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2appealed judgment
Jorge Rodrigues
4 +3appealed decision/judgment
Martin Riordan
4Embargoed judgment / decision
Marlene Curtis
3judgment thereupon subject to 2nd-level appeal {on a point of law}
Adrian MM. (X)


  

Answers


49 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
appealed judgment


Explanation:
An "acórdão" is a second instance judgment (issued by a panel of second instance judges).
An "embargo" is a type of appeal; "embargar" means "to appeal".

Jorge Rodrigues
Brazil
Local time: 03:20
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 398

Peer comments on this answer (and responses from the answerer)
agree  Claudio Mazotti
18 mins
  -> Obrigado, Claudio.
agree  Patricia Fierro, M. Sc.
1 hr
  -> Thank you, Patricia.
Login to enter a peer comment (or grade)

52 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +3
appealed decision/judgment


Explanation:
"acórdão" is a decision taken by a higher court (in Brazil, normally three judges) as the result of an appeal. This decision, in turn, can be appealed to an even higher court (STJ or STF). "embargado" means appealed. So it would seem that the appeal court's decision was then appealed to a higher court.

Martin Riordan
Brazil
Local time: 03:20
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 361
Grading comment
Selected automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
agree  T o b i a s: appealed decision
7 mins
  -> Thanks, Tobias!
agree  Claudio Mazotti
15 mins
  -> Thanks, Claudio!
agree  Alexandre Altenfelder Silva: appealed decision: appellate decision against which an appeal was taken
11 hrs
  -> Thanks, Alexandre!
Login to enter a peer comment (or grade)

56 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
Embargoed judgment / decision


Explanation:
Embargoed judgments

Parties and journalists were reminded earlier this year that publication of embargoed judgments may be treated as a contempt of court.

It is fairly common for judges to hand down draft judgments to the parties' legal representatives before the judgment is formally delivered in court. When this happens those involved will be told that the judgment is embargoed and the front page of the judgment will usually record that neither the judgment nor its substance is to be disclosed to any other person or used in the public domain, and no action is to be taken in response to it before it is formally handed down. The court Practice Direction which contains these provisions does allow parties to take action "internally" in response to the judgment. Internal action is not defined, but will presumably permit any kind of activity that may be necessary to respond to the judgment, such as instructing costs draftsmen, but would not permit, for example, the substance of the decision to be used in argument in other proceedings

http://www.addleshawgoddard.com/view.asp?content_id=2098&par...

acórdão n. decision made by a court of a second instance = judgement, decision


Marlene Curtis
United States
Local time: 02:20
Native speaker of: Native in PortuguesePortuguese
PRO pts in category: 1314
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5
acórdão então embargado
judgment thereupon subject to 2nd-level appeal {on a point of law}


Explanation:
The 'então' needs to fit in somehow: thus, at the material time or 'in the premises' > nesse caso/Novo Dicionario Aurelio from Rio de Janeiro. I'm unsure about 'thus or then appealed (BrE) against'.

Embargar: stay = freeze, impugn or appeal against.

Example sentence(s):
  • Se o seu objetivo claro é o de remontar-se ao primitivo acórdão então embargado br.vlex.com/tags/garimpo-da-serra-pelada-1413707‎
Adrian MM. (X)
Local time: 08:20
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 357
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