Jun 15, 2004 21:10
19 yrs ago
4 viewers *
Portuguese term

Agravo inominado no agravo de instrumento No. 4

Portuguese to English Tech/Engineering Law: Taxation & Customs appeal of an appeal
Help I really need this right away..Maria Luisa are you out there??

Is a Decision on a Appeal Case...i need just anything that makes sense at this point...am extremely tired...any help would help

Discussion

Non-ProZ.com Jun 16, 2004:
Thanx everyone Look my problem here is are there two things? Agravo inominado just means unnamed...but HERE; what is being said is precisely what Jonas said: An appeal of an appeal..but the proper way to say that specifically is: Appeal of an Interlocutory Decision.....so there are TWO things. The first is the Interlocutory Decision in an appeal and the second is the appeal of that. In English, that's what makes the most sense to me.

Proposed translations

11 hrs
Selected

Interlocutory Appeal from Ruling of Presiding Officer No. 4

The Brazilian judicial system differs substantially from its US counterpart.

However, please note the following on a comparative basis:

1) Agravo Inominado = It is an appeal filed against a decision by the Reporting Judge who dismissed a request for a rehearing en banc [where there is a non-unanimous court decision reversing upon appeal a judgment on the merits];

2) Agravo de Instrumento = Interlocutory Appeal = It is an appeal filed against a denying decision, i.e, an appeal of a matter not determinable of the dispute, but necessary for a suitable adjudication of the merits.

A literal rendition of the portuguese text into English would provide: Appeal on an Interlocutory Appeal, but that is not proper, as the US legal system has a procedure to address the situations requiring an "agravo inominado...etc."

The "agravo" issue is dealt with by the Brazilian Code of Civil Procedure [Art. 522 and following]

Hope to be of help.
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4 KudoZ points awarded for this answer. Comment: "Yes, Jonas..You gave me what i needed, that literally, this is an APPEAL of an appeal...so I say it is an Appeal of the Interlocutory Decision, you could also say, Appeal of the Interlocutory Ruling....I think the fact that the systems are different has literally no bearing on translation. I appreciate the tight definitons of 1 and 2. I am sure that you would agree that what is being appealed is in fact the interlocutory appeal's decision..and my shorter answer...it makes sense, does it not? "
15 mins

bill of review innominate in the bill of review No. 4

inominado = innominate or unclassified

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Note added at 18 mins (2004-06-15 21:28:34 GMT)
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or it could be.....appeal unclassified in the bill of review No. 4

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Note added at 18 mins (2004-06-15 21:28:48 GMT)
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or it could be.....appeal unclassified in the bill of review No. 4
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+1
25 mins

unclassified offence/ grievance ...

Hope this helps a little:

agravo inominado = unclassified offence/ grievance

inominado (o que não está especificamente classificado) = unclassified

agravo = offence; grievance


FOR "AGRAVO DE INSTRUMENTO" SEE EXPLANATION BELOW:
For domestic matters, the possibility for the State to agree to arbitrate disputes was confirmed by the Brazilian Supreme Court on 14 November 1973, in its decision on Agravo de Instrumento N0 52.181 (a ***special Brazilian procedural form of recourse***), which, in its turn, quotes other known precedents of the same Court - the highest in our country's judicial hierarchy.

http://www.ag-internet.com/bullet_iln_two_two/nehring.htm


GOOD LUCK JANE!
MLD
Peer comment(s):

agree Henrique Magalhaes
11 hrs
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1 day 8 hrs

Interlocutory Appeal...

Yes, it does.

However, please note that according to strict legal parlance, the term "interlocutory appeal from rulling of presiding office" is what defines the proceeding, because it is as a result of the presiding officer's action that an interlocutory appeal is filed.

Anyway, the shorter form is understandable.

It was nice to talk to you!
Jonas
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