BRAZIL Law and Practice Contributed by: Arthur Villamil, Villamil Advogados
7.8 General Timeframes for Proceedings The average total duration of a commercial dispute, including appeals, can range from six to eight years. This period includes the time required for review in the first instance, the filing of appeals, and the final decision in the second instance or, potentially, in higher courts (STJ and STF). In the first instance, on average, a case takes about two to three years to reach a judgment. This timeframe can vary depending on the type of case and the court’s workload. More complex commercial disputes or those that involve tech- nical evidence tend to take longer. In the second instance, when an appeal is filed, the average time for a decision is about one and a half to two years. In some regions, depending on the backlog of appellate courts, this period may be longer. In cases that proceed to the higher federal courts, such as the STJ and the STF, it is not uncommon for the matter to remain pending for several years before a final decision is rendered.
However, there are some exceptions to this rule when privacy, confidentiality, or security concerns outweigh the need for transparency. Judges may order a hearing to be conducted in private in certain situations. This might happen if the nature of the case involves sensitive matters, such as family law disputes, cases involving minors, issues related to personal privacy, trade secrets, or matters of national security. In these cases, the judge has the discretion to limit access to the hearing to only the parties, their legal representatives, and other individuals deemed necessary. 7.7 Level of Intervention by a Judge The Brazilian judge’s active role in hearings reflects the traditional emphasis of civil law on judicial management and fact-finding, aiming to ensure that decisions are based on a compre- hensive understanding of the issues before the court. Judges are responsible for managing the pro- cedural aspects of a hearing. They decide on the admissibility of evidence, rule on objections, and may even order the production of additional evidence if it is deemed necessary for the resolu- tion of the case. This allows a judge to maintain control over the direction and pace of the pro- ceedings. During hearings, judges may directly question the parties, witnesses, and experts. They may also clarify facts that are critical to understand- ing the case. This is particularly common when technical or complex issues are involved, as the judge seeks to ensure that all relevant evidence is properly addressed.
8. Settlement 8.1 Court Approval
Parties can reach a settlement at any stage of the proceedings and submit it to the court, which then issues a formal decision to close the case based on the agreement. The settlements are generally left to the discretion of the parties involved, and the court’s role is limited to formal- ising the agreement and closing the case.
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