{"id":143050,"date":"2026-07-10T11:10:34","date_gmt":"2026-07-10T11:10:34","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=143050"},"modified":"2026-07-10T11:10:34","modified_gmt":"2026-07-10T11:10:34","slug":"brazil-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/brazil-litigation\/","title":{"rendered":"Brazil: Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-143050","comparative_guide","type-comparative_guide","status-publish","hentry","guides-litigation","jurisdictions-brazil"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Akel Advogados<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/06\/Logo-Akel-Advogados.pdf.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Akel Advogados<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/06\/Logo-Akel-Advogados.pdf.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Litigation laws and regulations applicable in Brazil<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main methods of resolving disputes in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Brazil, the principal methods of resolving commercial disputes are litigation before the State courts, arbitration and consensual mechanisms such as mediation and conciliation. Litigation remains by far the most commonly used method. It is governed by the constitutional guarantees of due process and by the 2015 Code of Civil Procedure (<em>C\u00f3digo de Processo Civil<\/em>, or CPC\/2015).<\/p>\n<p>Over the past decade, arbitration has acquired growing importance in higher-value and more complex commercial disputes. It is underpinned by the Brazilian Arbitration Act (Law n\u00ba 9.307\/1996) and by a supportive judiciary, which recognises and enforces both domestic and foreign arbitral awards within the limits of the parties arbitration agreement. Its principal advantages are procedural flexibility, the ability to appoint specialised arbitrators and confidentiality, although it continues to attract criticism on account of its cost and, in certain cases, the length of the proceedings.<\/p>\n<p>Mediation, in turn, seeks to facilitate a negotiated settlement with the assistance of a neutral third party and is widely used in corporate and contractual disputes. Together with conciliation \u2013 which is promoted directly by the courts through hearings conducted by a judge or a court conciliator \u2013 it forms the core of the consensual dispute-resolution methods expressly encouraged by the CPC\/2015.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the main procedural rules governing litigation in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Litigation in Brazil is primarily governed by a single, unified federal statute \u2013 the 2015 Code of Civil Procedure (CPC\/2015) \u2013 which applies to civil proceedings before both the State and the Federal courts, thereby ensuring a high degree of procedural uniformity throughout the country. The CPC\/2015 is built upon core constitutional guarantees, including due process of law, the right to a full defence (<em>ampla defesa<\/em>), the adversarial principle (<em>contradit\u00f3rio<\/em>) and the right of appeal.<\/p>\n<p>The Code is supplemented by specific federal statutes governing particular commercial matters, which operate in a subsidiary or specialised capacity depending on the dispute. The most relevant of these include the Arbitration Act (Law n\u00ba. 9.307\/1996), the Mediation Act (Law n\u00ba 13.140\/2015), the Brazilian Corporations Act (Law n\u00ba 6,404\/1976) and the Judicial Reorganisation and Bankruptcy Act (Law n\u00ba 11.101\/2005).<\/p>\n<p>Procedural and substantive rules are construed in conjunction with the consolidated case law of the higher courts \u2013 particularly the binding precedents of the Federal Supreme Court and the Superior Court of Justice \u2013 and with the constitutional principles that, taken together, are intended to ensure legal certainty and predictability.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Brazilian judiciary is organised into distinct branches whose jurisdiction is defined principally by the Federal Constitution. For commercial disputes, two systems are relevant: the State courts, which hear the majority of private-law disputes, and the Federal courts, which have jurisdiction over matters involving the Federal Government, federal agencies and specific federal subject matter.<\/p>\n<p>Each system has two ordinary tiers. At first instance, cases are heard by a single judge sitting in a judicial district (<em>comarca<\/em>, in the State courts) or in a judicial section (<em>se\u00e7\u00e3o judici\u00e1ria<\/em>, in the Federal courts). At second instance, appeals against decisions of State judges are heard by the State Courts of Appeal (<em>Tribunais de Justi\u00e7a<\/em>), and appeals against decisions of Federal judges by the Federal Regional Courts (<em>Tribunais Regionais Federais<\/em>). At this level, appeals are decided by panels or chambers, generally composed of three appellate judges (<em>desembargadores<\/em>).<\/p>\n<p>Commercial disputes are most commonly litigated before the State courts. In the principal economic centres \u2013 notably S\u00e3o Paulo and Rio de Janeiro \u2013 there is a clear trend towards the creation of courts and appellate chambers specialising in business law, which deal exclusively with corporate and commercial matters. This specialisation has produced more technically robust and faster decisions and has contributed to a more predictable business environment.<\/p>\n<p>Above the State and Federal courts sit the higher courts, based in the federal capital, Bras\u00edlia. The Superior Court of Justice (<em>Superior Tribunal de Justi\u00e7a<\/em>, or STJ) is the highest court for infra-constitutional matters and is responsible for harmonising the interpretation of federal legislation across the country. The Federal Supreme Court (<em>Supremo Tribunal Federal<\/em>, or STF) safeguards the supremacy of the Constitution and hears appeals raising constitutional questions of general relevance; it is, in practice, the final court of appeal.<\/p>\n<p>In addition to the State and Federal courts, Brazil maintains specialised branches of the judiciary \u2013 notably the Labour, Electoral and Military courts \u2013 each with its own organisational structure and final appellate court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The duration of commercial litigation in Brazil varies according to the complexity of the case, the nature of the claim and the number of appeals pursued. According to the <em>Justice in Numbers<\/em> report published by the National Council of Justice (<em>Conselho Nacional de Justi\u00e7a<\/em>, CNJ) in 2024, the average period between the filing of a claim and a first-instance judgment is approximately two years and ten months. Where the proceedings are pursued to the final appellate stage before the higher courts (the STJ or STF), the overall duration of a commercial dispute may reach six to eight years.<\/p>\n<p>A number of measures have been adopted to mitigate these delays. The specialised business courts, for example, have significantly reduced the duration of proceedings, with timeframes reported to be up to 50% shorter than in the ordinary civil courts. It has also become increasingly common for parties to include arbitration clauses in commercial contracts in order to secure a swifter resolution. In any event, parties should be prepared for potentially protracted proceedings unless the dispute is settled or effectively resolved through alternative disputeresolution mechanisms.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The general rule in Brazil is that procedural acts are public, as provided for in the Federal Constitution (Article 5, item LX) and the Code of Civil Procedure (Article 11). Hearings and trial sessions are, in principle, open to the public, and case files may be consulted electronically, including by third parties, who may access basic information about the proceedings. There are, however, statutory exceptions in which the file is placed under seal (<em>segredo de justi\u00e7a<\/em>) \u2013 for example, in matters concerning family law, minors, privacy, trade secrets or relevant public interests (Article 189 of the CPC). In such cases, access to the proceedings is restricted to the parties and their counsel.<\/p>\n<p>In commercial and arbitration matters, two situations of confidentiality are common: (i) court proceedings ancillary to an arbitration (recognition, set-aside or interim-relief applications); and (ii) actions involving strategic corporate information (such as trade secrets or financial data), in which the judge may order full or partial confidentiality, limited where appropriate to specific documents or items of evidence.<\/p>\n<p>In short, the Brazilian system favours transparency while permitting targeted exceptions to protect fundamental rights and legitimate business interests. Owing to its inherently confidential nature, arbitration remains the preferred route where confidentiality is essential.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the relevant limitation periods in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Brazil, limitation periods (<em>prazos prescricionais<\/em>) vary according to the nature of the claim and are set principally by the Civil Code, which establishes a general ten-year period applicable only in the absence of a more specific rule.<\/p>\n<p>For commercial disputes, the most relevant limitation periods are five years for claims seeking payment of liquidated contractual debts evidenced by an instrument, and three years for civilliability claims arising from unlawful acts, such as unfair competition or product liability. Shorter periods apply to specific matters \u2013 for example, one year for insurance claims and three years for claims relating to a withdrawing partner or for the annulment of corporate resolutions.<\/p>\n<p>As a rule, time runs from the date on which the injured party becomes aware of the relevant fact and of the possibility of bringing a claim. Limitation periods may be suspended or interrupted in the situations expressly provided for by law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As a general rule, Brazilian law does not impose pre-action requirements before a claim may be filed. Save in specific statutory cases, the parties are not obliged to exhaust negotiations or to send a letter before claim in order to bring proceedings before the courts.<\/p>\n<p>There are, however, exceptions in which prior steps are required \u2013 most notably multi-tiered dispute-resolution clauses that make negotiation, mediation or arbitration a condition precedent to litigation. Failure to comply with such clauses may lead to dismissal or, at the very least, to a stay of the proceedings. Voluntary pre-litigation mediation is actively encouraged by the courts and by the National Council of Justice, but its use generally remains optional.<\/p>\n<p>In short, there is no mandatory pre-action protocol in Brazilian commercial litigation; the absence of prior negotiation does not bar the filing of a claim and ordinarily entails no procedural penalty. The system guarantees direct access to the courts, subject to the initial conciliation or mediation hearing provided for in the CPC itself.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Brazil, proceedings are commenced by the electronic filing of a statement of claim (<em>peti\u00e7\u00e3o inicial<\/em>) with the competent court, accompanied by the supporting documents. Following a preliminary review by the judge and provided the legal requirements are satisfied, the defendant is served with process (<em>cita\u00e7\u00e3o<\/em>), which is an essential prerequisite to the adversarial proceedings.<\/p>\n<p>Service is effected exclusively under the supervision of the judiciary \u2013 through court officers, registered post with acknowledgement of receipt or, preferably, by electronic means. Companies and public entities are required to maintain a registration in the official judicial systems for the purpose of receiving electronic service; where receipt is not confirmed within three business days, the other methods referred to above apply.<\/p>\n<p>The claimant may not effect service on its own initiative; its role is limited to providing the defendant\u2019s details and the means available to locate the defendant, failing which the proceedings may be delayed or dismissed. Service by publication (<em>cita\u00e7\u00e3o por edital<\/em>) is used only as a last resort, once all other attempts have failed.<\/p>\n<p>Where the defendant is domiciled abroad, service is effected in accordance with the applicable international treaties \u2013 such as the Hague Service Convention, to which Brazil is a party \u2013 or by means of a letter rogatory channelled through the Superior Court of Justice.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a claim in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The international jurisdiction of the Brazilian courts is determined on the basis of objective criteria set out principally in the Code of Civil Procedure. The Brazilian courts have jurisdiction where there is a relevant connecting factor with the country \u2013 in particular, where the defendant is domiciled in Brazil, where the obligation is to be performed in Brazil, or where the event giving rise to the claim occurred in Brazil.<\/p>\n<p>Once international jurisdiction is established, the court determines internal (territorial and subject-matter) jurisdiction \u2013 that is, which Brazilian court is competent to hear the case. In personal and contractual actions, the general rule is that the court of the defendant\u2019s domicile has jurisdiction; other common bases include the place of performance of the obligation (particularly in contractual matters) and, in certain cases, the place of the defendant company\u2019s seat. There are also instances of mandatory (<em>absoluta<\/em>) territorial jurisdiction \u2013 for example, claims relating to real property, which must be brought before the court where the property is located, and probate proceedings, which must be conducted at the place where the estate is situated.<\/p>\n<p>The court examines these elements at the outset of the proceedings or when jurisdiction is challenged by the defendant. Where there is a valid forum-selection clause in favour of a foreign court or an arbitration agreement, and the matter does not fall within the exclusive jurisdiction of the Brazilian courts, the court must decline jurisdiction. Otherwise, provided the statutory criteria are met, the proceedings continue.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine which law governs the claims in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The applicable substantive law is determined by the conflict-of-laws rules set out in the Law of Introduction to the Norms of Brazilian Law (<em>Lei de Introdu\u00e7\u00e3o \u00e0s Normas do Direito <\/em><\/p>\n<p><em>Brasileiro<\/em>, or LINDB). As a general rule, obligations are governed by the law of the country in which they were constituted; for contracts between absent parties, this is deemed to be the place where the offeror resides.<\/p>\n<p>The role of party autonomy in the choice of the governing law differs markedly between arbitration and State-court litigation. In arbitration, the parties\u2019 freedom to choose the applicable rules of law is expressly recognised by the Arbitration Act and is well established in practice. In State-court litigation, by contrast, the LINDB does not expressly authorise the parties to choose the governing law, and the prevailing doctrinal view treats its connecting factors as mandatory; in practice, however, choice-of-law clauses in international commercial contracts between sophisticated parties are increasingly respected, provided they do not offend national sovereignty, public policy or mandatory rules of Brazilian law.<\/p>\n<p>In the absence of a choice-of-law clause, the LINDB connecting factors apply: the law of the place of contracting for contractual obligations; the law of the deceased\u2019s last domicile for succession; and, for non-contractual liability, the law of the place of the act or the damage, according to the predominant connection. In commercial disputes, the relevant connecting factor is usually evident or has been agreed in advance.<\/p>\n<p>The application of foreign law is confined to the merits, since the proceedings themselves remain governed by Brazilian procedural law. The party invoking foreign law must prove its content and validity, and the court may require an official translation, legal opinions or expert evidence.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can claims be disposed of without a full trial in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Brazilian procedural system provides for several forms of early disposal, with or without an adjudication on the merits. The first is the summary dismissal of the claim on the merits (<em>improced\u00eancia liminar do pedido<\/em>, Article 332 of the CPC), which allows the judge to reject the claim even before the defendant is served \u2013 where the claim contradicts settled higher-court case law or binding precedent, or is manifestly time-barred \u2013 in which case the decision becomes <em>res judicata<\/em>.<\/p>\n<p>Proceedings may also be terminated without an adjudication on the merits for procedural reasons \u2013 such as lack of standing, <em>res judicata<\/em>, the existence of an arbitration agreement, the claimant\u2019s inaction or other formal defects. In such cases, the judge may rule on a preliminary basis or after the defendant has responded, without proceeding to the evidentiary phase.<\/p>\n<p>A further possibility is default (<em>revelia<\/em>): where a duly served defendant fails to file a defence within the statutory period, the facts alleged by the claimant are presumed to be true, which may lead to judgment in the claimant\u2019s favour \u2013 unless the matter concerns public policy or requires the production of further evidence.<\/p>\n<p>Finally, the CPC provides for full or partial early judgment on the merits (<em>julgamento antecipado do m\u00e9rito<\/em>) where no further evidence is required, allowing the judge to decide on the basis of the documentary evidence already on the record. Where the parties reach a settlement during the proceedings, the judge may ratify it and bring the case to an end, dispensing with the remaining procedural stages.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the main types of interim remedies available in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Brazilian system offers a range of provisional remedies (<em>tutelas provis\u00f3rias<\/em>) designed to ensure the effectiveness of the proceedings and to prevent harm pending a decision on the merits. The most prominent is urgent anticipatory relief (<em>tutela de urg\u00eancia antecipada<\/em>), which advances the practical effects of the claim where there is a likelihood of success on the merits and a risk of harm arising from delay \u2013 for example, suspending an improper charge or ordering specific performance or a prohibitory injunction. Urgent conservatory relief (<em>tutela de urg\u00eancia cautelar<\/em>) is also available to preserve the useful outcome of the proceedings without immediately satisfying the substantive right \u2013 for example, the attachment or seizure of assets, the search for and seizure of documents or property, and other protective measures.<\/p>\n<p>It is also possible to seek the early production of evidence where there is a risk that it may be lost. In addition, the CPC provides for evidence-based relief (<em>tutela da evid\u00eancia<\/em>), which may be granted even in the absence of urgency where the claimant\u2019s right is manifest on the basis of documentary evidence or settled case law.<\/p>\n<p>These remedies may be sought from the outset, in the statement of claim, and, in urgent cases, granted without first hearing the defendant. The judge may require the applicant to provide security and, should the measure prove to have been improperly granted, the applicant may be held liable for any resulting loss. The effects of such relief are provisional and depend on the court\u2019s findings at the close of the proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the ordinary procedure, proceedings begin with the statement of claim, accompanied by the documents necessary to substantiate the allegations made in it. The defendant is then summoned and must file a defence (<em>contesta\u00e7\u00e3o<\/em>) within fifteen (15) business days, generally counted from the initial conciliation or mediation hearing. The claimant may file a reply (<em>r\u00e9plica<\/em>), also within 15 business days, to rebut the defence and address any documents or preliminary objections.<\/p>\n<p>At the case-management stage, the parties may specify the evidence they intend to produce, list their witnesses and request expert or further documentary evidence. Where an evidentiary hearing is held, the judge may, at its close, set a deadline for closing submissions or rule directly. Throughout the proceedings, applications may be made as required (for example, for provisional relief, the production of documents or submissions on the evidence). The defendant may also raise affirmative defences (such as lack of jurisdiction or the existence of an arbitration agreement) and bring a counterclaim (<em>reconven\u00e7\u00e3o<\/em>) within the defence.<\/p>\n<p>Interlocutory decisions rendered in the course of the proceedings may be challenged by way of an interlocutory appeal (<em>agravo de instrumento<\/em>) within 15 business days, in which case the opposing party is invited to file a response within the same period. The final judgment on the merits may also be appealed. A motion for clarification (<em>embargos de declara\u00e7\u00e3o<\/em>) is available to address omissions, contradictions or ambiguities in a decision and, before the higher courts, special or extraordinary appeals may be filed, subject to specific admissibility requirements.<\/p>\n<p>In summary, the procedural timetable follows a structured sequence: statement of claim, defence, reply, evidentiary phase (where necessary), judgment and appeals. Deadlines are, as a general rule, 15 business days, and the system affords ample opportunity for written submissions at every stage, including on appeal.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Brazil does not have a broad, automatic disclosure regime of the kind found in common-law systems. Each party produces only the evidence it considers favourable to its case and is under no general obligation to disclose documents that are adverse to it. The compelled production of evidence requires a specific application to the judge, who will assess, by reference to relevance, whether the request is necessary and sufficiently precise.<\/p>\n<p>The principal tools for obtaining evidence are the application for an order compelling the production of documents or items (<em>exibi\u00e7\u00e3o de documento ou coisa<\/em>), as regulated by the CPC, and judicial requests to third parties for information (such as banking records, electronic data or public documents). In exceptional cases, the judge may also order a search and seizure of evidence where there is a risk of its destruction or concealment.<\/p>\n<p>Statutory limits protect confidentiality: communications between lawyers and clients are protected by legal professional privilege and cannot be compelled; trade secrets and sensitive information may be safeguarded by measures such as sealing orders, restricted access or independent expert examination; and data protected by statutory secrecy, such as tax or banking information, may be obtained only on specific grounds and subject to proportionality.<\/p>\n<p>In short, the Brazilian system favours the targeted and reasoned production of evidence under judicial control. There is no general duty to disclose adverse documents, but unjustified noncompliance with a court order may give rise to a presumption that the facts the evidence was intended to prove are true.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and\/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Brazil, witness evidence is given orally at a hearing presided over by the judge; there is no provision for written witness statements or pre-trial examination. Witnesses are listed in advance by the parties and are heard under an oath to tell the truth. The Brazilian model does not provide for cross-examination in the common-law sense, but the adversarial principle is fully observed: under the CPC\/2015, counsel may put questions directly to the witness, subject to the judge\u2019s control, and the opposing party may question the witness following the initial examination. All testimony is given orally and recorded in writing or by audiovisual means, depending on the resources available to the court.<\/p>\n<p>There is no mechanism for taking depositions outside the proceedings. The only exception is the early production of witness evidence, which the court may authorise where there is a risk that the evidence will be lost (for example, where a witness is seriously ill). The parties themselves are not witnesses; where called to give a personal statement (<em>depoimento pessoal<\/em>), they testify without taking the oath to tell the truth.<\/p>\n<p>Persons disqualified by law (for example, lawyers as regards privileged matters, or close relatives) may not testify, and any apparent bias goes to the weight rather than the admissibility of the testimony.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Expert evidence is widely used in Brazilian litigation, particularly in commercial disputes involving technical or specialised matters such as accounting, finance, engineering or auditing. The expert (<em>perito<\/em>) is appointed by the judge on the basis of specialised knowledge and impartiality and is responsible for the expert report, which constitutes the principal technical evidence in the proceedings.<\/p>\n<p>The parties may appoint their own technical assistants (<em>assistentes t\u00e9cnicos<\/em>), who follow the work of the court-appointed expert and submit their own opinions in order to supplement or challenge the conclusions of the official report. Technical challenge is conducted through written questions (<em>quesitos<\/em>) formulated by the parties and through written observations on the report. The judge may also summon the expert to provide clarifications at a hearing, where counsel may put questions under judicial supervision.<\/p>\n<p>The court-appointed expert acts as an assistant to the court, owes a duty of impartiality and must answer the questions put on the basis of objective technical criteria. The expert\u2019s conclusions are not binding on the judge but carry significant weight, particularly where they are not met by a consistent technical challenge.<\/p>\n<p>The cost of the expert evidence is generally advanced by the party that requested it and may ultimately be apportioned or imposed on the unsuccessful party. The expert\u2019s fees are fixed by the court, and the party whose case gave rise to the need for the evidence generally bears the cost.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The right of appeal is a cornerstone of Brazilian civil procedure and applies both to final decisions on the merits (judgments) and to interlocutory decisions rendered in the course of the proceedings.<\/p>\n<p>A judgment may be challenged by way of an appeal (<em>apela\u00e7\u00e3o<\/em>), which allows a panel of the relevant State Court of Appeal or Federal Regional Court to review both the facts and the law. The deadline for filing an appeal is fifteen (15) business days and, as a rule, the appeal has suspensive effect.<\/p>\n<p>Against relevant interlocutory decisions, the appropriate remedy is the interlocutory appeal (<em>agravo de instrumento<\/em>), also subject to a 15-business-day deadline. The CPC sets out an exhaustive list of the decisions against which it lies \u2013 for example, decisions on provisional relief, arbitration agreements, third-party intervention and jurisdiction. Such appeals are likewise decided by a panel, and the reporting judge (<em>relator<\/em>) may rule on a preliminary basis.<\/p>\n<p>Following the decision of the appellate court, appeals may be brought before the higher courts: a special appeal (<em>recurso especial<\/em>) to the Superior Court of Justice for a violation of federal law, and an extraordinary appeal (<em>recurso extraordin\u00e1rio<\/em>) to the Federal Supreme Court for a violation of the Constitution. Both are subject to strict admissibility requirements and do not permit a retrial or the introduction of new evidence; the deadline is likewise 15 business days, and the court of origin first rules on admissibility.<\/p>\n<p>Other remedies include the motion for clarification (<em>embargos de declara\u00e7\u00e3o<\/em>), with a five-day deadline, to remedy omissions or contradictions; the internal appeal (<em>agravo interno<\/em>) against decisions of a single judge; and mechanisms for resolving conflicting case law within the higher courts.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules governing enforcement of foreign judgments in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Before a foreign judgment may be enforced in Brazil, it must be recognised (<em>homologado<\/em>) by the Superior Court of Justice. The interested party files an application accompanied by a certified copy of the judgment, proof that it is final and conclusive in the country of origin, and a certified translation. The respondent is summoned in the recognition proceedings and may raise only limited defences of a formal nature \u2013 such as the absence of valid service, or that recognition would offend public policy or national sovereignty.<\/p>\n<p>The Superior Court of Justice reviews formal criteria \u2013 the jurisdiction of the foreign authority, respect for the adversarial principle and compatibility with fundamental principles of Brazilian law \u2013 without re-examining the merits, which falls outside its remit. Once recognised, the foreign judgment takes effect in Brazil as if it were a domestic judgment, enabling the creditor to pursue enforcement before the competent Federal court or the court of the debtor\u2019s domicile. Brazil is also a party to the 1958 New York Convention, which governs the recognition of foreign arbitral awards, likewise submitted to the STJ.<\/p>\n<p>There is no formal requirement of reciprocity, nor any specific limitation period for the recognition application itself; enforcement following recognition is, however, subject to the applicable Brazilian limitation periods.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of litigation (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers, experts and other professionals) be recovered from the other side in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Brazil follows the \u201closer pays\u201d principle (<em>sucumb\u00eancia<\/em>), under which the unsuccessful party is ordered to reimburse the successful party\u2019s court costs and to pay statutory attorney\u2019s fees. Recoverable costs also include duly evidenced expenses incurred in the proceedings, such as expert fees. Where each party is partly successful, costs may be apportioned proportionately.<\/p>\n<p>Statutory attorney\u2019s fees (<em>honor\u00e1rios de sucumb\u00eancia<\/em>), fixed by the judge, generally range from 10% to 20% of the amount of the award or of the economic benefit obtained; where that amount cannot be ascertained, the fees are fixed on an equitable basis, taking into account the complexity of the case, the duration of the proceedings and the skill, effort, expertise and diligence of counsel. In all cases, these fees are payable directly to the successful party\u2019s lawyer. Where an unsuccessful appeal is brought, the court may increase the fees as a procedural sanction.<\/p>\n<p>These statutory fees do not, however, cover in full the contractual fees agreed between the client and its lawyer, which are not recoverable from the opposing party.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the collective redress (e.g. class action) mechanisms in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Brazil has its own system of collective actions, although it does not follow the model of the US class action: there is no judicial certification of a class and no opt-out mechanism. Collective redress is governed principally by the Public Civil Action Act (Law No. 7,347\/1985) and the Consumer Protection Code (Law No. 8,078\/1990), which allow diffuse, collective and individual homogeneous rights to be asserted in court by legally authorised bodies \u2013 such as the Public Prosecutor\u2019s Office (<em>Minist\u00e9rio P\u00fablico<\/em>), the Public Defender\u2019s Office, public entities and qualified civil associations.<\/p>\n<p>Collective actions seek to protect groups affected by the same wrongful act, and the resulting decisions may have <em>erga omnes<\/em> effects, automatically benefiting all holders of the right in question \u2013 particularly where individual homogeneous rights arise from a common event. Where the claim is upheld, the beneficiaries may pursue individual enforcement of the judgment; a dismissal for insufficiency of evidence does not preclude future individual actions.<\/p>\n<p>Such actions are common in matters involving the environment, consumer protection, the capital markets and mass contractual abuses, and may give rise to broad findings of liability on the basis of a single decision, thereby avoiding the proliferation of individual claims.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, are the mechanisms for joining third parties to ongoing proceedings and\/or consolidating two sets of proceedings in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Brazilian law provides various mechanisms for bringing third parties into the proceedings or for joining related actions, whether at the initiative of the parties or by order of the court \u2013 particularly where the presence of the third party is necessary for the dispute to be fully resolved. Any third party brought into the proceedings is guaranteed the right to a full defence, including the right to produce evidence and to appeal.<\/p>\n<p>Joinder of parties (<em>litiscons\u00f3rcio<\/em>) allows additional parties to be included as claimants or defendants, in certain cases on the court\u2019s own motion. The principal forms of third-party intervention are: assistance (<em>assist\u00eancia<\/em>), where a third party has a legal interest in the success of one of the parties; third-party notice (<em>denuncia\u00e7\u00e3o da lide<\/em>), used to bring forward an indemnity claim; impleader of joint debtors (<em>chamamento ao processo<\/em>), applicable to joint and several obligations; and the incident to disregard the corporate personality (<em>incidente de desconsidera\u00e7\u00e3o da personalidade jur\u00eddica<\/em>, or IDPJ), used to join shareholders or partners as defendants in cases of abuse of the legal personality. An <em>amicus curiae<\/em> may also be admitted to assist the court in matters of particular relevance.<\/p>\n<p>As regards consolidation, the CPC\/2015 allows related actions to be joined where they share common questions or where there is a risk of conflicting decisions, enabling them to be tried together at first instance. In mass litigation, an Incident for the Resolution of Repetitive Claims (<em>Incidente de Resolu\u00e7\u00e3o de Demandas Repetitivas<\/em>, or IRDR) may be initiated to fix a uniform legal thesis, with a stay of the other affected proceedings.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund litigation in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. Third-party funding (TPF) is permitted in Brazil and is becoming increasingly common, particularly in arbitration and in complex disputes. There is no statutory prohibition and no specific regulation; the general rules of contract law and the ethical rules of the legal profession apply.<\/p>\n<p>The agreement between the funder and the funded party sets out the terms of the funding and the success fee. There is no general obligation to disclose the existence of TPF to the court or the opposing party, save where the court specifically so orders. In arbitration, certain institutions recommend disclosure in order to avoid conflicts of interest involving the arbitrators, but in court proceedings such disclosure is not mandatory.<\/p>\n<p>As to liability for costs, the funder is not a party to the proceedings and therefore cannot, in principle, be ordered to bear the costs or fees of the opposing party in the event of an unfavourable outcome; that liability rests exclusively with the funded party. Any reimbursement of expenses between the funder and the funded party is governed by the funding agreement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">5685<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/143050","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=143050"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}