É correto afirmar: já devidamente qualificados nos autos em epígrafe?
Em primeiro lugar, uma curiosidade: as palavras “preâmbulo” (campo da peça no qual a estrutura do post está inserida) e “epígrafe” são termos oriundos da técnica legislativa.
Preâmbulo é a parte da lei que traz a instituição competente para a prática do ato legal.
Por exemplo: “O PRESIDENTE DA REPÚBLICA Faço saber que o Congresso Nacional decreta e eu sanciono a seguinte Lei:”.
Daí chamarmos de “preâmbulo” a parte inicial da peça em que escrevemos o nome das partes, também em caixa-alta: “JOÃO DA SILVA, solteiro, empresário… vem, por meio do seu procurador…”.
A epígrafe representa o número e o ano de promulgação de uma lei.
Vem escrita desta forma: “LEI N. 9.099, DE 26 DE SETEMBRO DE 1995”.
Analogicamente, chamamos de “epígrafe” a parte inicial da peça em que apomos o número dos autos acompanhado da palavra “autos” e/ou do nome da ação ou do recurso.
Assim:
⠀
“Autos n. 405332-34.2018 [essa linha é a epígrafe]
Autor: Marcos de Souza
Réu: Maria da Silva”
⠀
“Apelação Cível n. 494838445.2017” [epígrafe]
A estrutura “já devidamente qualificado nos autos em epígrafe” significa que a qualificação da parte está em alguma peça anterior dos mesmos autos AOS QUAIS FAZ REFERÊNCIA A EPÍGRAFE DA PEÇA EM QUESTÃO, de modo que não há necessidade de trazer a qualificação novamente.
Cuidado com os Autos em Epígrafe
Mas, cuidado, se se tratar, por exemplo, de contestação, está incorreto escrever “autos em epígrafe” se no início da própria peça de defesa não constar o número dos autos.
E como vejo isso acontecer! escreve-se “autos em epígrafe” sem a respectiva peça trazer epígrafe nenhuma.
Muitas vezes emprega-se “autos em epígrafe” com o sentido de “autos em questão”.
Autos em questão, está errado
Portanto, sempre que usarem a estrutura “… já devidamente qualificado nos autos em epígrafe”, estejam certos de que o número dos autos realmente conste no início da peça em que a estrutura está sendo usada.
Em outras palavras, se, por alguma razão, vocês não colocarem epígrafe na peça, não podem nela escrever “autos em epígrafe”.
Uma dica para nunca errar é escrever “já devidamente qualificado nos autos”, sem o “em epígrafe”.
Era isso.
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