BRAZIL Law and Practice Contributed by: Arthur Villamil and Yuri Luna Dias, Villamil Advogados
4.2 Early Judgment Applications Early judgment is permitted in cases where a pre-trial phase is not required. In these situations, the judge may dismiss the claim outright, even before summon- ing the defendant, if the claim contradicts any of the following. • A summary decision issued by the STF or the STJ. • A ruling rendered by the STF or the STJ in repeti- tive appeals. • A precedent established through the resolution of an incident involving repetitive demands or assumption of competence. • A judicial interpretation regarding local legislation. Additionally, the judge may reject the claim if it is evident from the outset that the statute of limitations has expired. In the event of this type of dismissal, the plaintiff is entitled to appeal the decision, after which the defendant will be summoned to present their defence before the appellate court. 4.3 Dispositive Motions Interim applications or motions are permitted before the trial or substantive hearing of a claim, and they may extend beyond case management to obtain rem- edies that protect parties’ rights. Common examples include the following. • Preliminary injunctions: to prevent harm or secure assets, such as freezing bank accounts or halting certain actions. • Urgent relief: for cases with immediate risk of irreparable harm, the court can order measures like protective orders or provisional custody. • Evidence reservation: parties can request the pres- ervation or early production of evidence if there’s a risk of loss or alteration. For further information, see 4.1 Interim Applications/ Motions . 4.4 Requirements for Interested Parties to Join a Lawsuit Third parties with a legal or financial interest may join a lawsuit under joinder procedures. This can usually occur through the following.
and specific associations and unions possess stand- ing to initiate public civil actions, addressing issues like environmental conservation, consumer rights, labour rights and other matters of collective interest. Individual citizens may pursue popular actions aiming to nullify acts perceived as harmful to public assets. The term “public assets” is broadly defined and cov- ers economic, historical, aesthetic, touristic, and envi- ronmental resources of public significance. The system for collective litigation employs a unique framework where the collective nature of the action and its outcome influence the binding scope of the resulting judgment. Individuals involved in related lawsuits may choose to proceed alongside a collec- tive action or request a suspension of their individual proceedings to benefit from the outcome of the col- lective judgment. 3.8 Requirements for Cost Estimate Although Brazilian lawyers are not mandated to pro- vide cost estimates for litigation, the Ethical Code of the OAB requires them to convey the potential risks and consequences of pursuing legal action to their clients transparently. In Brazilian civil litigation there is no formal pre-hearing motion practice. Parties may file petitions at any point to emphasise aspects of their defence that could merit an early judicial ruling. It is also possible to make an interim application or motion before the trial or sub- stantive hearing of a claim. These interim measures are not limited to case man- agement. They can also include substantive remedies to protect rights or interests before the final judgment. These interim applications require the requesting party to demonstrate prima facie evidence of their claim and urgency or potential for irreparable harm if the relief is not granted. 4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
102 CHAMBERS.COM
Powered by FlippingBook