BRAZIL Law and Practice Contributed by: Arthur Villamil, Villamil Advogados
5.5 Legal Privilege In Brazil, attorney-client privilege applies to all communications between attorneys and their clients, whether verbal or written, and attorneys are required by law to maintain this confidential- ity, regardless of the client’s nationality. 5.6 Rules Disallowing Disclosure of a Document Please see 5.4 Alternatives to Discovery Mech- anisms . 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Brazilian law allows for injunctive relief when the petitioner can demonstrate a strong likelihood of success and a risk of irreparable harm should the relief not be granted. In urgent cases, relief may be requested without notifying the oppos- ing party, although such orders are reserved for situations where delays could nullify the relief’s efficacy or worsen the harm. To qualify for injunctive relief in Brazil, an appli- cant must convince the court that, based on the evidence and legal arguments presented, a favourable ruling is probable and must show the potential for harm that cannot be easily compen- sated or remedied, or that failing to grant the relief would make any final judgment ineffective. 6.2 Arrangements for Obtaining Urgent Injunctive Relief In urgent cases, injunctive relief in Brazil can be obtained within hours, with on-call judges available after hours for exceptionally pressing matters. The applicant must show prima facie evidence and immediate risk of harm to secure a swift, provisional decision.
Parties are expected to disclose necessary evi- dence and act in good faith. Non-compliance can result in sanctions or adverse inferences. Certain documents, such as attorney-client communications or trade secrets, may be pro- tected from disclosure if they are not directly relevant to the dispute. 5.4 Alternatives to Discovery Mechanisms The traditional discovery mechanisms are not available, so evidence is generally developed and admitted through a court-controlled process called evidence production, with the judge play- ing a central role in managing evidence to ensure that only relevant and necessary information is included. Evidence gathering involves several steps. Par- ties may present documents or request specific documents from the opposing side or third par- ties, but must justify their relevance, and judges review and approve these requests before order- ing production. Witness testimony is identified in advance and typically taken during a court hearing under the judge’s supervision, allowing both parties to question witnesses while ensuring relevance. For complex cases, the court may appoint an independent expert to provide technical assessments, and parties can nominate their own experts to comment on these findings. In some cases, the judge may also order a judicial inspection of locations or items directly related to the dispute. This structured process limits excessive or irrel- evant evidence gathering, with the judge admit- ting only what is essential to resolving the case fairly.
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