BRAZIL Law and Practice Contributed by: Arthur Villamil and Yuri Luna Dias, Villamil Advogados
ing specific documents if necessary for a fair judg- ment; • document authentication and witness examination; and • expert evidence, for technical or specialised issues. 7.5 Expert Testimony Expert testimony is permissible. Experts are appoint- ed by the court, either independently or at the request of a party. Their role is to provide impartial analysis and insights into technical questions posed by the court or parties. Experts compile their findings into a detailed report, which may include recommendations or explanations as requested. 7.6 Extent to Which Hearings Are Open to the Public Hearings are generally open to the public, following the principle of transparency in judicial proceedings. This openness is meant to ensure that the judicial pro- cess is accessible and that justice is administered in a way that is visible to society. However, there are some exceptions to this rule when privacy, confidentiality, or security concerns outweigh the need for transparency. Judges may order a hear- ing to be conducted in private in certain situations. This might happen if the nature of the case involves sensitive matters, such as family law disputes, cases involving minors, issues related to personal privacy, trade secrets, or matters of national security. In these cases, the judge has the discretion to limit access to the hearing to only the parties, their legal representa- tives, and other individuals deemed necessary. 7.7 Level of Intervention by a Judge The Brazilian judge’s active role in hearings reflects the traditional emphasis of civil law on judicial man- agement and fact-finding, aiming to ensure that deci- sions are based on a comprehensive understanding of the issues before the court. Judges are responsible for managing the procedural aspects of a hearing. They decide on the admissibility of evidence, rule on objections, and may even order the production of additional evidence if it is deemed
necessary for the resolution of the case. This allows a judge to maintain control over the direction and pace of the proceedings. During hearings, judges may directly question the parties, witnesses, and experts. They may also clarify facts that are critical to understanding the case. This is particularly common when technical or complex issues are involved, as the judge seeks to ensure that all relevant evidence is properly addressed. 7.8 General Timeframes for Proceedings The average total duration of a commercial dispute, including appeals, can range from six to eight years. This period includes the time required for review in the first instance, the filing of appeals, and the final deci- sion in the second instance or, potentially, in higher courts (STJ and STF). In the first instance, on average, a case takes about two to three years to reach a judgment. This time- frame can vary depending on the type of case and the court’s workload. More complex commercial disputes or those that involve technical evidence tend to take longer. In the second instance, when an appeal is filed, the average time for a decision is about one and a half to two years. In some regions, depending on the backlog of appellate courts, this period may be longer. In cases that proceed to the higher federal courts, such as the STJ and the STF, it is not uncommon for the matter to remain pending for several years before a final decision is rendered.
8. Settlement 8.1 Court Approval
Parties can reach a settlement at any stage of the proceedings and submit it to the court, which then issues a formal decision to close the case based on the agreement. The settlements are generally left to the discretion of the parties involved, and the court’s role is limited to formalising the agreement and clos- ing the case.
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