BRAZIL Law and Practice Contributed by: Octaviano Duarte, Henrique Forssell, Marcelo Lucidi and Mayara Rahman Rufino, Duarte Forssell Advogados
Parallel Claims The instigation of a criminal prosecution does not impede the progression of parallel civil claims. However, there can be instances where the pro - gression of one case affects the other. In some situations, a civil court may decide to stay civil proceedings for a period up to one year if there is an ongoing criminal investigation or prosecu - tion involving the same parties and issues (Arti - cle 315 of Civil Procedure Code). This decision aims to avoid potential conflicts between the civil and criminal processes and ensure a fair resolution of the case. 2.6 Judgment Without Trial As a rule, Brazilian law requires a full trial where the defendant has been given the right to fully defend themself. However, in certain circum - stances in civil proceedings, the judgment can be rendered without a full trial. • Summary judgment (Article 332 of Civil Procedure Code) – If the case does not require evidence to be produced apart from documentary evidence, it may be summar - ily dismissed, even before the defendant has been served, when the plaintiff’s requests are against the binding precedents of the Supe - rior Court of Justice or Supreme Federal Tri - bunal in matters of Federal or Constitutional law; or when against the binding precedents of the State Court in matters of local law. A summary judgment dismissing the case may also be rendered if the judge recognises the statute of limitation. • Default judgment (Article 355 of Civil Proce - dure Code) – A plaintiff may seek a default judgment, without a full trial, if the defendant fails to participate or to file their defence in the timeframe prescribed, despite being duly summoned to appear before the court. In that
investigation phase. Nothing prevents the vic - tim of fraud, even if deprived of the status of assistant prosecutor, from assisting the police in investigations. Intervention as an assistant to the prosecution may occur at any time during the criminal action as long as there has not yet been a final judg - ment (Article 269 of Criminal Procedure Code). Among the possible actions, the prosecution assistant may propose means of proof, such as requesting expert examinations, confrontations or search and seizure. The assistant is also able to put questions to witnesses, always after the Public Prosecutor’s Office, and participate in oral debates. The prosecutor’s assistant may also reason the appeals filed by them or the Public Prosecutor’s Office. Civil Actions Ex Delicto If a conviction is handed down in a definitive sentence, within the records of any criminal action, the convicted person becomes obliged to compensate the victim (Article 91, I, of the Criminal Code). Regarding the legal duty to indemnify, it is pos - sible to file a civil action ex delicto, an action defined by scholars as “the judicial procedure aimed at recovering the civil damage caused by the crime” . Only individuals who have been con - victed in the criminal court can be the subject (on the defendant side) of a civil action ex delicto. Any joint and several liability may only be recog - nised in specific actions filed in the civil court. The acquittal sentence does not constitute res judicata in civil matters, unless the non-exist - ence of the fact has been recognised (Article 66 of Criminal Procedure Code).
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