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Vai transcrever ementa? Muito cuidado

Cuidado ao escrever ou transcrever ementa do acórdão. Afinal, ementas de acórdãos não são “precedentes”, “jurisprudência” nem “julgados”.

Ementa? Vai transcrever? Muito cuidado

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Pessoal, cuidado: ementas de acórdãos não são “precedentes”, “jurisprudência” nem “julgados”.
Por mais que reflitam uma decisão colegiada, ementas são apenas um resumo, isto é, não trazem a razão de decidir do julgamento, a qual aparece apenas na fundamentação do acórdão, motivo pelo qual elas não podem ser confundidas com aqueles termos.
Portanto, ao transcreverem ementas de acórdãos nas suas peças, redijam o parágrafo introdutório assim, por exemplo:
“Nesse sentido, colhem-se julgados/precedentes do Superior Tribunal de Justiça, representados pelas seguintes ementas:”
Reparem que se não fizerem construções como a que aparece na parte final (“representados pelas seguintes ementas”), seu leitor pensará que você não sabe a diferença entre ementa e julgado/precedente, pois o texto ficaria assim:
“Nesse sentido, colhem-se julgados/precedentes do Superior Tribunal de Justiça:”, o que, repito, não é correto, porque ementas são apenas resumos; não se confundem com “julgados” nem com “precedentes”.
Contudo, o parágrafo introdutório pode, claro, ser redigido de outras maneiras:
“Conforme se infere da ementa do acórdão relativo à Apelação Cível n. …” (em vez de “Conforme se infere do seguinte precedente”).
“Essa compreensão se coaduna com o entendimento inserto na ementa do acórdão a seguir transcrita:”
Alguns aí podem estar achando que se preocupar com isso – em não confundir precedente, julgado e jurisprudência com ementa – é preciosismo.
Nã-na-ni-na-não!
Quando vocês dão valor a detalhes como esse, suas peças aos poucos vão adquirindo credibilidade, e o leitor pode, assim, acabar aderindo mais facilmente às teses que defendem.
Acreditem! Isso pode fazer toda a diferença no final (já disse não sei quantas vezes isso no meu Insta).
Era isso.
Assista aos meus vídeos no YouTube.

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