declaratorio

Declaratorio is an adjective of Latin origin (declaratorius) meaning related to or that declares. In legal and grammatical contexts, the term is most often encountered as part of phrases such as ação declaratória in Portuguese or declaratory judgment in English. It denotes a form of declaration rather than coercive action, emphasizing clarity about rights, status, or interpretations of facts.

In civil law jurisdictions such as Brazil and Portugal, a ação declaratória (declaratory action) is a type of civil procedure that asks a court to declare the existence or nonexistence of a legal relationship or the meaning of a contractual provision. The aim is to remove uncertainty and guide future conduct, rather than to compel the performance of a duty or to award damages. Depending on the jurisdiction, a declaratory judgment may have binding effects on the parties and sometimes on third parties, without ordering specific actions to be taken.

In common-law systems, the corresponding instrument is the declaratory judgment or declaratory relief. Under the Declaratory Judgment Act in the United States and similar statutes elsewhere, a party may seek a court's formal declaration of rights and duties in advance of potential disputes. This can cover contract interpretation, property interests, insurance policies, or patent rights. The purpose is to resolve uncertain legal relationships and potentially prevent future litigation, rather than to impose immediate remedies.

Linguistically, declaratório is less commonly used to describe sentence types; more typical terms include declarative or declarative mood in grammar. When used, it generally signals statements that declare or assert information rather than questions, commands, or exclamations.

See also: ação declaratória, declaratory judgment, declaratory relief.