https://www.proz.com/kudoz/portuguese-to-english/law-general/5355478-ac%C3%B3rd%C3%A3o-embargado.html

Glossary entry

Portuguese term or phrase:

acórdão embargado

English translation:

appealed decision/judgment

Added to glossary by Martin Riordan
Oct 12, 2013 17:58
10 yrs ago
15 viewers *
Portuguese term

acórdão embargado

Portuguese to English Law/Patents Law (general) Interlocutory appeal
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!
Change log

Oct 26, 2013 11:58: Martin Riordan Created KOG entry

Proposed translations

+3
52 mins
Selected

appealed decision/judgment

"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.
Peer comment(s):

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!
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
+2
49 mins

appealed judgment

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".
Peer comment(s):

agree Claudio Mazotti
18 mins
Obrigado, Claudio.
agree Patricia Fierro, M. Sc.
1 hr
Thank you, Patricia.
Something went wrong...
56 mins

Embargoed judgment / decision

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
Something went wrong...
1 hr
Portuguese term (edited): acórdão então embargado

judgment thereupon subject to 2nd-level appeal {on a point of law}

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:

Se o seu objetivo claro é o de remontar-se ao primitivo acórdão então embargado br.vlex.com/tags/garimpo-da-serra-pelada-1413707‎

Something went wrong...