BRAZIL Law and Practice Contributed by: Arthur Villamil and Yuri Luna Dias, Villamil Advogados
must justify their relevance, and judges review and approve these requests before ordering production. Witness testimony is identified in advance and typi- cally taken during a court hearing under the judge’s supervision, allowing both parties to question wit- nesses while ensuring relevance. For complex cases, the court may appoint an inde- pendent expert to provide technical assessments, and parties can nominate their own experts to comment on these findings. In some cases, the judge may also order a judicial inspection of locations or items directly related to the dispute. This structured process limits excessive or irrelevant evidence gathering, with the judge admitting only what is essential to resolving the case fairly. 5.5 Legal Privilege In Brazil, attorney-client privilege applies to all com- munications between attorneys and their clients, whether verbal or written, and attorneys are required by law to maintain this confidentiality, regardless of the client’s nationality. 5.6 Rules Disallowing Disclosure of a Document Please see 5.4 Alternatives to Discovery Mecha- nisms . 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Brazilian law allows for injunctive relief when the peti- tioner can demonstrate a strong likelihood of success and a risk of irreparable harm should the relief not be granted. In urgent cases, relief may be requested without notifying the opposing party, although such orders are reserved for situations where delays could nullify the relief’s efficacy or worsen the harm. To qualify for injunctive relief in Brazil, an applicant must convince the court that, based on the evidence and legal arguments presented, a favourable ruling is probable and must show the potential for harm that cannot be easily compensated or remedied, or that
failing to grant the relief would make any final judg- ment ineffective. The applicant must also demonstrate that there is no plausible risk of harm to the other party if relief is granted. In specific cases, the court may condition relief upon an undertaking. 6.2 Arrangements for Obtaining Urgent Injunctive Relief In urgent cases, injunctive relief in Brazil can be obtained within hours, with on-call judges avail- able after hours for exceptionally pressing matters. The applicant must show prima facie evidence and immediate risk of harm to secure a swift, provisional decision. 6.3 Availability of Injunctive Relief on an Ex Parte Basis While ex parte injunctions are permissible, they are reserved for exceptional cases. The applicant must present compelling evidence that immediate relief is necessary to prevent irreparable harm or that any delay would render the relief ineffective. 6.4 Liability for Damages for the Applicant If an applicant obtains an injunction that is later dis- charged and found to have caused damage to the respondent, the applicant may be held liable for that damage. The respondent can claim compensation if the court determines that the injunction was improp- erly granted or if the applicant acted without sufficient grounds. 6.5 Respondent’s Worldwide Assets and Injunctive Relief Injunctive relief is generally limited to assets within the country. Brazilian courts typically lack jurisdiction to directly affect or seize a respondent’s assets located abroad. However, if injunctive relief against worldwide assets is essential, Brazilian courts may support the applicant in seeking co-operation from foreign juris- dictions through international judicial co-operation or letters rogatory. 6.6 Third Parties and Injunctive Relief While injunctive orders do not directly bind third par- ties, they are nevertheless obligated to comply with
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