BRAZIL Law and Practice Contributed by: Maria Augusta Rost and Ricardo Barretto, Fenelon Barretto Rost
ter under discussion, they may be admitted as an interested party under the forms provided by procedural law. In this capacity, they can assist one of the parties or protect their own interests, assuming the same rights and obligations as the main parties to the case. Another form of participation is as an amicus curiae, permitted when the case has significant social or legal relevance. In such instances, spe - cialist entities, public bodies or organisations may provide technical or legal insights to assist the court. Third-party participation can also occur in an atypical manner, limited to providing information or submitting documents that were not initially included in the proceedings. In these cases, the third party does not remain involved after fulfill - ing their role of assisting the court with relevant material for the decision. Public participation in certain government deci - sions has also become common. For example, regulatory agencies must conduct public con - sultations before issuing normative acts of gen - eral interest to businesses, consumers or service users. This process allows interested parties to submit questions and suggestions, which must be considered by the public authority.
viduals subject to government decisions typi - cally have broad access to relevant documents. Restrictions on access to public information are exceptional and must comply with specific legal requirements. 8.2 Alternatives to Disclosure/Discovery In the Brazilian legal system, particularly in judi - cial proceedings, parties are required to submit all available documentary evidence with their ini - tial claim or defence, failing which they may lose the right to do so later (preclusion). Additional documents may only be submitted in excep - tional circumstances, such as when new facts arise during the proceedings. During the course of a case, evidence may also be gathered through witness testimony, expert examinations and judicial inspections. Addi - tionally, judges have the authority to order the production of specific evidence where neces - sary. The rules governing evidence in judicial proceedings are set out in detail in the Civil Pro - cedure Code. In contrast, administrative proceedings con - ducted by the government follow the principle of factual truth, which allows for greater flexibility in the collection of evidence. The government may request documents and information at any stage and allow late submissions where appropriate. The rules governing evidence in administrative proceedings are based on the Public Procedure Law. These principles ensure comprehensive evi - dence-gathering, upholding the principles of transparency, publicity and integrity, which are fundamental to public law.
8. Evidence 8.1 Disclosure/Discovery
In Brazil, there is no legal requirement for dis - closure or authorisation for discovery. However, transparency obligation could be inferred from general principles such as good faith, proce - dural fairness and the pursuit of factual truth. It is important to note that, as a rule, administra - tive proceedings are public, meaning that indi -
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