Para embargos, só devo usar o verbo “opor”? Há uma crença entre os operadores jurídicos, oriunda não sei de onde, que quando se trata de embargos o verbo respectivo deve ser sempre “opor”.
Há uma crença entre os operadores jurídicos, oriunda não sei de onde, que quando se trata de embargos o verbo respectivo deve ser sempre “opor”.
Em razão dessa equivocada compreensão, tenho encontrado textos como:
“O prazo para OPOR embargos à execução contra a fazenda pública é de trinta dias úteis.
No caso concreto, o embargante os OPÔS quando decorridos 42 dias úteis.
Assim, OPOSTOS de forma intempestiva, não devem ser admitidos”.
Notem que o autor desse texto, crente que só pode escrever assim, acabou usando o “opor” três vezes, o que deixou o texto cansativo.
Gente, é falso o entendimento de que para embargos só se deve usar o verbo opor.
De início, como o verbo opor tem sentido de “obstar”, “contrapor”, enfim, sentido de defesa, para mim só deveria ser usado para classes processuais dessa natureza, cujo exemplar típico são os embargos à execução.
Pela leitura do CPC, todavia, vemos que o Código permite o verbo “opor” para todo tipo de embargos (à exceção dos embargos de divergência, que vem com o verbo “interpor”).
Ocorre que o CPC também traz outras formas (verbais ou nominais) junto aos embargos.
Por exemplo, na hipótese de “embargos à execução”, traz as formas “apresentar” e “oferecer” (art. 239, § 1º; art. 914, § 2º); no caso de “embargos à ação monitória”, “apresentar” (art. 701, § 2º); no de “embargos à penhora”, “oferecer” (art. 857, caput).
Interessante é o caso dos “embargos de terceiro”, que, como são autuados em apartado, requerem o verbo “ajuizar”, mas o Código permite também as formas “opor” (art. 675, caput) e “oferecer” (art. 676, parágrafo único).
E o que dizer dos embargos de declaração? Bom, o CPC parece permitir os verbos “opor” (art. 1.023, caput) e “interpor” (art. 1.003, § 5º).
Eu prefiro “opor”, por ser já forma consagrada.
Vejam que não estou dizendo que usar “opor” para embargos está errado.
Muito pelo contrário.
Ainda que com isso eu não concorde inteiramente, o emprego do “opor” SEMPRE está correto.
O que quero dizer é que vocês podem, para evitar a repetição desse verbo, tranquilamente usar outros, como “ajuizar” (para embargos de terceiro), “oferecer” e “apresentar”.
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