BRAZIL Law and Practice Contributed by: Maria Augusta Rost and Ricardo Barretto, Fenelon Barretto Rost
14.2 Public Interest Costs As a general rule, court costs are not charged in cases involving diffuse or collective interests. Under Law 9,289/1996, the following, along with their respective agencies and public founda - tions, are exempt from paying court costs: • the federal government; • states; • municipalities; • federal territories; • the federal district; and • the public prosecutor’s office. This exemption also applies to claimants in the following: • popular actions;
The Superior Court of Justice is responsible for ensuring the uniform interpretation of infra- constitutional laws, while the Federal Supreme Court serves as Brazil’s Constitutional Court. 15.2 Appeal Forums Federal courts have jurisdiction to hear appeals in cases challenging government acts issued by authorities representing the Union, federal agencies or federal public companies. Con - versely, state courts are responsible for hearing appeals against judicial decisions concerning government acts issued by state or municipal authorities. After a higher court judgment, further appeals may be lodged with the Superior Court of Justice and/or the Federal Supreme Court, in accordance with their respective jurisdictions. 15.3 Permission to Appeal All lower court decisions are subject to a two-tier system of judicial review. Appeals to the Supe - rior Court of Justice and the Federal Supreme Court are first subject to an admissibility assess - ment by the higher courts. If an appeal is not permitted at this stage, the superior courts may give permission to proceed. 15.4 Rehearing of Appeal? Courts of appeal have the authority to re-exam - ine all matters raised in a case in order to review the issues challenged in the lower court’s deci - sion. The Superior Court of Justice and the Fed - eral Supreme Court only hear appeals on legal grounds.
• public civil actions; • collective actions; • habeas corpus; and • habeas data proceedings. 14.3 Wasted Costs
There are no provisions for wasted costs. How - ever, it is important to note that Brazilian lawyers are regulated by the Advocacy Statute, which is enacted under federal law. The Statute sets out a range of rights and obligations for lawyers, who may be held accountable in certain circumstanc - es. It also defines various disciplinary offences, which can result in penalties such as censure, suspension, exclusion or fines.
15. Appeals 15.1 Right to Appeal
A judgment issued by a lower court judge can be appealed to a higher court. Additionally, there are the highest courts, namely the Superior Court of Justice and the Federal Supreme Court.
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