BRAZIL Law and Practice Contributed by: Arthur Villamil, Villamil Advogados
4. Pre-trial Proceedings 4.1 Interim Applications/Motions
summoned to present their defence before the appellate court. 4.3 Dispositive Motions Interim applications or motions are permitted before the trial or substantive hearing of a claim, and they may extend beyond case management to obtain remedies that protect parties’ rights. Common examples include the following. • Preliminary injunctions: to prevent harm or secure assets, such as freezing bank accounts or halting certain actions. • Urgent relief: for cases with immediate risk of irreparable harm, the court can order measures like protective orders or provisional custody. • Evidence reservation: parties can request the preservation or early production of evidence if there’s a risk of loss or alteration. For further information, see 4.1 Interim Applica- tions/Motions . 4.4 Requirements for Interested Parties to Join a Lawsuit Third parties with a legal or financial interest may join a lawsuit under joinder procedures. This can usually occur through the following. • Voluntary joinder: a third party requests to join with court approval. • Compulsory joinder: the court or an existing party requests the third party’s participation if essential to the case. • Assistance: a third party joins to support one side if their rights may be impacted by the case’s outcome. Furthermore, unions, entities, associations, rep- resentative class organisations, and even indi- viduals may participate in a lawsuit as amicus
In Brazilian civil litigation there is no formal pre- hearing motion practice. Parties may file peti- tions at any point to emphasise aspects of their defence that could merit an early judicial ruling. It is also possible to make an interim application or motion before the trial or substantive hearing of a claim. These interim measures are not limited to case management. They can also include substan- tive remedies to protect rights or interests before the final judgment. These interim applications require the requesting party to demonstrate prima facie evidence of their claim and urgency or potential for irreparable harm if the relief is not granted. 4.2 Early Judgment Applications Early judgment is permitted in cases where a pre-trial phase is not required. In these situa- tions, the judge may dismiss the claim outright, even before summoning the defendant, if the claim contradicts any of the following. • A summary decision issued by the STF or the STJ. • A ruling rendered by the STF or the STJ in repetitive appeals. • A precedent established through the reso- lution of an incident involving repetitive demands or assumption of competence. • A judicial interpretation regarding local legis- lation. Additionally, the judge may reject the claim if it is evident from the outset that the statute of limitations has expired. In the event of this type of dismissal, the plaintiff is entitled to appeal the decision, after which the defendant will be
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