Declaratórias

Declaratórias, in civil procedure, refer to a group of ações declaratórias or declaratory actions. These are actions whose purpose is to obtain a judicial declaration about the existence, inexistence, or the interpretation and scope of a right, obligation, or legal relationship, as well as the effects of a given fact or contract.

The primary objective of a declaratory action is to clarify the legal situation and provide certainty to the parties, reducing future disputes. By obtaining a court ruling that a right exists or that a contract has a certain meaning or effect, the parties can plan their conduct and avoid later litigation about the same issue. It is often used when there is uncertainty that could give rise to new disputes if not resolved judicially.

The object of a declaratory action may include the existence or non-existence of a right or obligation, the validity or interpretation of a contract clause, or the legal consequences of a fact. The claim must involve real and current interests; purely abstract declarations are generally not permitted. The action typically aims at a definitive pronouncement, rather than immediate performance or punishment.

Efficacy and limitations: a final judgment in a declaratory action produces cosa julgada between the parties and serves to settle the specific dispute submitted to the court. It does not, by itself, impose an obligation on a party to act or refrain from acting unless accompanied by further claims or orders. Declaratory actions are one legal instrument among others to organize and stabilize civil relations.