BRAZIL Law and Practice Contributed by: Arthur Villamil and Yuri Luna Dias, Villamil Advogados
Consumer and labour cases allow plaintiffs to file in their own domicile for additional protection. Appellate and higher courts don’t have separate jurisdictional requirements but review cases on appeal or specific legal issues. Defendants can challenge jurisdiction if these requirements aren’t met. 3.4 Initial Complaint The initial document filed to initiate a lawsuit in Bra- zil is called an initial complaint ( petição inicial ). This document must inform the court of where the claim is being filed, detail the plaintiff’s claims, the relevant facts, the legal grounds, the relief requested, support- ing evidence, the amount in dispute and provide a precise description of the relief sought. Amendments to the initial complaint are permitted but are subject to specific rules. Generally, a plaintiff may amend the complaint once before the defendant has been served. After service, amendments require the court’s permission, which is often granted to ensure the case is properly presented, provided the changes do not cause undue prejudice to the defendant. 3.5 Rules of Service The court initiates the process of service to the respondent primarily through digital platforms desig- nated by each respective court, with priority given to PJe, Eproc, and Esaj systems. Both public and private entities must register an official email address with the court specifically for receiving official notifications and service of process. This requirement is intended to facilitate prompt and reliable electronic service. If the respondent does not confirm receipt within three business days, the court may then proceed with alter- native service methods. These methods are: • standard postal mail; • a summons issued by the court clerk; • personal service by a court clerk when the respondent is present at the courthouse; or • notice through public announcement. The claimant is required to explain any issues in securing electronic acknowledgement, with penalties, including fines, potentially imposed for delays without valid justification.
For parties residing outside the court’s jurisdiction and without a registered email address, the initial service attempt is made by post. In cases where this fails, the court issues a letter rogatory to be processed by the court where the respondent resides. International respondents are served exclusively through the issu- ance of letters rogatory. Once served, the respondent generally has 15 busi- ness days to submit a defence. In some cases, it is possible that a conciliation hearing will be scheduled. This defence should comprehensively cover all poten- tial procedural and substantive arguments, including any factual and legal claims, and must include all sup- porting documentation available at that time. Any counterclaims the respondent wishes to raise must be included within this initial defence. Upon receiving the defence, the court notifies the claimant to file a rebuttal and address any counterclaims as necessary. 3.6 Failure to Respond If a defendant does not respond to a lawsuit within the specified timeframe (usually 15 business days after being served), the court may declare a default judg- ment. This default judgment applies except: • when the claim involves non-transferable rights; • if any co-defendant among multiple respondents files a response; • if the allegations are implausible or contradicted by existing evidence; or • if the initial complaint lacks a fundamental docu- ment needed to substantiate the claims. Despite a default judgment, the defendant retains the right to participate in subsequent legal proceedings, though without altering or invalidating the previous procedural stages. 3.7 Representative or Collective Actions Typically, individuals are not authorised to initiate legal actions on behalf of others, except in instances where collective actions are legally permitted. Such instances include public civil actions, popular actions and collective writs of mandamus. Entities like public prosecutors, public defenders, governmental bodies,
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