A good text is simple, clear, objective and grammatically correct: simplicity: although obedient to the cultured language, your text must be accessible, with as little learning as possible (say “too” or “equally” instead of “otherwise”) ;
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– clarity: avoid ambiguity, “double meaning”, irony, implicit content; be explicit in your ideas;
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– objectivity: judges and courts have little time; therefore, in legal texts, “being complete, the smaller the better”;
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– grammatical correction: it is ideal to be pursued for a lifetime; the only way to learn grammar is, unfortunately, by studying it; reading classical writers helps, but does not replace the study of grammar.
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– Allow four centimeters of space to the left margin, to prevent the assessment from making it difficult to read the manifestation.
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– Highlights (CAIXA ALTA, bold , underline, italics , indented text, etc. ) should be used sparingly, so that only the elements that really deserve it are highlighted. Examples: the heading (case number, etc. ), the items and sub-items of the petition, the keyword (s) at the conclusion of the thesis developed in the petition, the name of the proposed demand or procedural act practiced are noteworthy (public civil action, denunciation, filing promotion, etc.), the name of the parties involved; the names of witnesses, judges, courts or authors need not be highlighted.
The highlight CAIXA ALTA, for being very flashy, should be avoided or reserved exclusively for the defendant (s). And remember: the quotation marks (“”) are not a mere highlight, but a demonstration of quotation, irony, pun, evident and purposeful ambiguity, great exceptionality, popular saying, phrase or rigid structure of words – outside of these cases, quotes tend to be misused.
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– At the beginning of the demonstration, avoid saying that “the Federal Public Ministry comes to expose and request the following” or that “the Federal Public Ministry comes to manifest itself in the following terms” – be direct, from the beginning: “This is international travel request, made by the accused… ”or“ The accused requests, in f. 87, judicial authorization for… ”.
At the end of the demonstration, it is not necessary to write “In these terms, request approval”, since such a desire for approval is already logically implicit in the requests and requirements expressly deducted.
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– In the defenses, or denunciations, immediately after qualifying the accused (s), create a topic called “Factual synthesis” and, there, narrate, based on the data already obtained by the investigation, the conduct (s) typically penalized (s) attributed to him, with all his elementary, causes of increase and, if possible, also the aggravating circumstances, in order to answer: who? When? Where? What? Like? Why? For what? With whom? Against who?
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– A piece, no matter how simple, is a unique, autonomous manifestation. We must contextualize the piece: it has to indicate its reason for existing, albeit succinctly. Ask the question: If someone reads the piece, in isolation (and – it is true – several people will read it in isolation), is there a need, for it to be understood, to consult other documents and procedural documents? If the understanding of the piece (here we are not talking about building legal conviction), if for its simple understanding there is a need to consult other procedural pieces, it is a sign that your piece did not say sufficiently what it came from. So, let’s avoid saying:
“The Federal Public Ministry, in compliance with the order of f. 145 and considering the letter of f. 143, reiterates his f. 141, so that the office of f. 139 ”.
Our manifestation should not force the reader to go deeper into research to decipher its meaning. Let us leave this important task to poets and war correspondents!
We would prefer to manifest ourselves like this, for example:
“The Federal Public Ministry, in compliance with the order of f. 145, informs that, according to the letter of f. 143, issued by the Federal Revenue of Brazil in Guarulhos, the installment payment of the consolidated debt in administrative procedure No. 10830.005902 / 2006-10, on behalf of the company PREGOS & BROCAS LTDA. is being regularly enforced.
For this reason, the MPF awaits the arrival of new information on the fulfillment of the installments; if they are not brought to the file in three months, it requires, for this purpose, the issuance of a requisition letter to the Federal Revenue of Brazil in Guarulhos. With the answer, a new view is awaited, for manifestation ”.
The demonstration, thus written, is much longer. On the other hand, he said absolutely everything he had to say, without saying a word. In general, with the repetition of manifestations about the same situation, we will not even have the task of elaborating the structure of the text – it is enough to take care of the occasional adaptations.
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– Other examples: saying compliance with “the decision” (you know which one, but whoever is reading does not know it – you should, at the very least, mention the sheet it is on and, even better, at your command: “the decision that suspended the prescription process and course ”); writing “majority understanding of the court” (without mentioning at least three judgments that express, or at least indicate, the majority) may seem like a nuisance; to say that the Public Ministry “agrees with the provisions of f. such and requires the continuation of the feat in its later terms ”may indicate that the so-called ‘tal tal’ has not been analyzed at all and that we are more lost in the process than blind in shooting – because, generally, those who ask the process to continue “In its later terms” is because it does not know or is too lazy to analyze what the next steps of the procedure should be.
This topic can be summed up in one word: if you made the analysis of the process, your manifestation must mirror, even succinctly, this analysis – which will even serve for future consultations to the process, as a kind of synthesis of what was done until that Score.
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– The abbreviation for the word “leaf” is “f.”, Either in the singular or in the plural. So, avoid using “fl.” or “pages.” The interval between sheets is designated by a hyphen (-), not by the consecrated slash (/), which, strictly, indicates a fractional number (for example: 3/5 means “three fifths” and not “three to five”). The correct one is “na f. 10 ”,“ from f. 12 ”,“ in f. 10-12 ”,“ from f. 10-12 ”.
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– The abbreviation for “number” is n. or No. , not ” No. ”
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– Avoid unnecessary adjectives, such as “the illustrious Pontes de Miranda”, “the masterful teaching of the late Nelson Hungary”, “the Supreme Federal Court”. Exceptions: the reference to the judge or court of the case, to please the judge or soften criticism to be given, may be preceded by moderate praise (example: “worthy judge”, “magistrate cult”, “wise judge”, “egregious court” etc. )
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– The adjective “attached” should be used as follows: “the attached evidence”, “the attached file”; you should not write “the attached evidence” or “the attached file”. On the other hand, pay attention to the situation of the referred document: if it appears as a secondary element of a petition not yet attached, it is “attached” or “leaning” (that is, on the back), attached to the main element; if he is already in the file, he is “joined in the f. 49-56 ”,“ inserted in f. 43-60 ”,“ inserted in f. 23-25 ”.
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– The expression “being that”, almost always, is an artificial way of prolonging a sentence that should have been unfolded, using a semicolon or period. Instead of saying “two ANATEL technicians identified the clandestine radio, and the respective equipment was found on site”, say “two ANATEL technicians identified the clandestine radio; the respective equipment was found on site ”.
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– The acronym “ etc. ”Means“ et coetera ”ie“ and others ”(“ and the rest ”). Therefore, as “ etc. ”Already contains the conjunction“ e ”, it is not correct to use“ e ”or comma before such acronym.
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– Avoid the expression “minor” (police and pre-ECA), preferring “child” (up to 11 years old) or “teenager” (between 12 and 17 years old).
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– When addressing numerical values, give preference to the full form. Avoid, for example, writing “he sought the service desk three times”, preferring “he sought the service desk three times”. Exceptions:
- expressions of currency values. In this case, put the amount in numerals (eg: R $ 1,250.00).
- dates: use the form “10.11.2006”;
- in general, to indicate quantities greater than twenty;
- the names of federal regional courts can, regardless, be spelled in ordinal numbers or in full (it is both correct to write “Federal Regional Court of the Third Region” and spell “Federal Regional Court of the 3rd Region” – apparently, the TRFs even prefer the second form, with ordinal number); and
- of course, to mention the process sheets.
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– Except when the value deserves to be highlighted (because it is too high or too small, strangely coincident or divergent from another relevant value, etc.). it is not essential to write out monetary value in full – a useful practice in checks and contracts (in which the possibility of fraud is great), but little necessary in rhetorical work. However, if it is the case of writing in full, the spelling of R $ 1,250.00 is “one thousand, two hundred and fifty reais”, and not “one thousand, two hundred and fifty reais”, nor “one thousand, two hundred and fifty reais” ”, Forms adopted in checks to avoid scams.
In the case of precise measurements of mass, space, time etc., although it is not mandatory, it is usually useful to write the Arabic numeral in full: “1,349 g (one thousand, three hundred and forty-nine grams)”, “3,547 m2 ( three thousand, five hundred and forty-seven square meters) ”, 14h37min (fourteen hours and thirty-seven minutes).
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– When citing passages in the process, facts and important documents, ALWAYS MENTION THE SHEETS where the information is. This greatly facilitates the work of correcting the piece and understanding its content and meaning. In addition to being proof of dedication and effective analysis of the process. But ATTENTION: after the filing of the complaints (and other initial petitions), the Judiciary can be repaid, so that the number of a specific sheet in the police investigation ends up being another in the judicial seat; one way to avoid taking the judge to error is to say, in parentheses, right at the head of the complaint:
(ATTENTION: The page numbers mentioned here refer to the order given by the Police, so that they can be changed after any judicial reorganization)
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– Avoid using telegram language: “Expert report, f. 12-14 ”or“ Attached background sheet to f. 167-170 ”. Prayers, in general, must have subject and predicate. So, prefer: “The expert report was gathered in the f. 12-14 ”,“ The background sheet has been inserted in f. 167-170 ”or“ The background sheet in f. 167-170 ”.
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– Another linguistic impropriety: it is said that “the toxicological report was attached / attached / joined in the f. 30-33 of the case file ”; strictly speaking, “attaching” means “bringing together (which was independent) the other thing, considered principal”; “Dock” refers to “back”; and appending is “joining as attached (of something else, considered principal)”; that is: except in situations where there is really a junction of a main feat and an accessory feat (so that it was / will be attached / attached / joined to that one), prefer to say that “the toxicological report was joined / inserted / inserted / apposed / allocated in f. 30-33 of the case file ”.
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– According to ABNT, the correct way to mention the municipality and the federation unit is as follows: Guarulhos, SP – followed or not by a comma, depending on the context. Therefore, we will not use “Guarulhos / SP”, “Guarulhos / SP” or “Guarulhos, São Paulo”.
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– All pages of the demonstrations must be numbered, preferably in the same way as in this “mini-manual”: “1/7”, “2/7”, “3/7”, “4/7”, “5 / 7 “,” 6/7 “and” 7/7 “. Attention: “f. 1/7 ”means“ page 1, out of a total of 7 ”; “F. 1-7 ”means“ from sheet 1 to sheet 7
