| Summary: | This paper analyzes the regulation of embargos de declaração with in the electoral process, as well as the interpretation that has been given by the Courts. Addressing essencial issues of embargos de declaração, as the deadline, legal nature, suitability hypothesis and suspensive effect, many of which are the subject of discussion in doctrine and jurisprudence, mainly due to diversification and variety of rules dealing with the subject (Electoral Code, Regiments Internal of Courts and Civil Procedure Code and Criminal Procedure Code - alternatively applied), besides the need for a constitutional interpretation focused on the embargos de declaração. Observes the proposals of the Project of the New CPC, pending in the legislative, for the regulation of embargos de declaração and the impacts that this new text will bring to the electoral process, pointing out possible ways to conciliation between the “new” civil process and the electoral law.
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