Changes In Civil Procedure And Judicial Culture Affect Business Practices

When the Brazilian Code of Civil Procedure was adopted in 1973, the need for procedural rules that would allow for effective and rapid solutions to disputes was already much discussed. Since then, many constitutional amendments and bills to improve the judicial process have been drafted and debated, and some have been adopted, such as the Arbitration Law of 1996, the reform of the Judiciary introduced by Constitutional Amendment 45/2004 and the more recent legislation that made changes to the enforcement of judicial decisions and certain types of debts.

These changes are not limited to the law, however. "Not only has the law evolved, but there has been a revolution in judicial culture, resulting in significant changes in judicial proceedings and in the routines and practices of judges, lawyers and parties," observes attorney Luiz Fernando Fraga, a partner of Barbosa, Müssnich & Aragão Advogados who practices in the area of civil litigation. According to Fraga, "as a part of this