BRAZIL Law and Practice Contributed by: Arthur Villamil, Villamil Advogados
5. Discovery 5.1 Discovery and Civil Cases
curiae in matters of significant importance or substantial social impact. The decision to admit an amicus curiae is at the discretion of the judge, and this type of decision is not subject to appeal. 4.5 Applications for Security for Defendant’s Costs As a general rule, a defendant cannot require a claimant to provide a security deposit for the for- mer’s legal costs. This requirement only applies in certain specific actions, such as an action to annul a judgment ( ação rescisória ) where a claimant is obligated to deposit an initial amount with the court. Additionally, they must provide a bond sufficient to cover potential court costs and attorney fees that may be awarded by the court in cases where claimants are foreign nationals or Brazil- ian residents living abroad who do not own real estate within Brazil. 4.6 Costs of Interim Applications/ Motions Interim applications or motions do not typically incur any fees. 4.7 Application/Motion Timeframe There is no set timeframe within which courts are required to adjudicate a case. While some mat- ters may be resolved within a few days, many proceedings last months. The duration varies significantly depending on the specific court handling the case, the complexity of the issues involved, and the nature of the claims at hand. To request urgency, the filing party must demon- strate prima facie evidence and immediate risk of harm, allowing the court to prioritise and issue a quicker decision.
Brazilian civil procedure has a limited form of discovery known as evidence production, which is more restrictive than in common law systems. Discovery is primarily court-administered, with judges playing an active role in overseeing and approving evidence requests to ensure rele- vance and necessity. Witness testimony occurs during a hearing supervised by a judge, after the submission of initial written arguments by the parties. Courts may require the opposing party to produce documents, but only if a well-founded request is made, specifying the desired information and demonstrating its relevance. It is also permissi- ble to present technical evidence, such as expert reports or opinions. Parties are not required to disclose all evidence in their possession, particularly if such evidence would undermine their own claims or interests. However, the court, either on its own initiative or upon a party’s request, may order the production of specific documents or items. To make such a request, the requesting par- ty must clearly identify the evidence sought, explain its intended purpose, and demonstrate its relevance to the dispute. Additionally, the requesting party must justify their belief that the evidence exists and is in the possession of the opposing party. The party from whom the evidence is requested has the opportunity to respond to such demands, and the judge will evaluate the request and determine whether the document or item must be produced. Failure to comply with a court order for evidence production may lead to the
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