BRAZIL Law and Practice Contributed by: Eduardo Perazza, Glaucia Coelho, Débora Chaves Martines Fernandes and Agnes Domingues, Machado Meyer
Machado Meyer, Sendacz & Opice Rua José Gonçalves de Oliveira No 116 5º andar Itaim Bibi São Paulo, SP Brazil 01453-050 Tel: +55 11 3150 7000 Email: bps.mkt@machadomeyer.com.br Web: www.machadomeyer.com.br/en
1. Dispute Resolution Methods 1.1 Main Dispute Resolution Methods The main dispute resolution methods in Brazil are liti- gation, arbitration, mediation and conciliation. 1.2 Choice of Dispute Resolution Method Litigation before state courts remains the default ave- nue for resolving commercial disputes. Major cities such as São Paulo and Rio de Janeiro have special- ised commercial courts. Arbitration is well-established and the preferred mech- anism for high-value commercial disputes, particularly in M&A transactions, infrastructure projects, energy and corporate governance matters. Brazil is one of the leading arbitration jurisdictions in Latin America. Mediation has grown substantially in recent years, particularly for civil and business disputes. Concilia- tion is also widely used, with mandatory conciliation hearings at the outset of civil proceedings. Courts have established dedicated mediation and concilia- tion centres across the country to facilitate consen- Dispute boards have gained traction in infrastructure and construction projects as a way to resolve issues in real time during contract performance. For low-value consumer disputes, online dispute resolution (ODR) platforms offer a fast and accessible alternative to court proceedings. sual resolution. Other Methods
1.3 Key Dispute Resolution Trends Virtual Judiciary
Brazil’s court system is almost fully electronic. Cases are filed, managed and decided through digital plat- forms, with paper filings now rare exceptions. Virtu- al hearings became standard during the COVID-19 pandemic and have remained a permanent feature of the system. Most procedural acts – including sub- missions, notifications and even oral arguments – are conducted online, significantly reducing delays asso- ciated with physical document handling. AI Integration Brazilian courts have rapidly adopted artificial intel- ligence tools for case management, document classi- fication, admissibility screening and decision drafting. Binding Precedents The Code of Civil Procedure strengthened Brazil’s system of binding precedents. Decisions from higher courts – particularly the Supreme Federal Court (STF) and Superior Court of Justice (STJ) – now carry great- er weight, and lower courts are generally required to follow established case law. This shift has increased predictability, reduced repetitive litigation and accel- erated the resolution of cases involving settled legal questions.
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