BRAZIL Law and Practice Contributed by: Arthur Villamil, Villamil Advogados
approach confines higher court review to cases with far-reaching legal or public impact. 10.3 Procedure for Taking an Appeal The party wishing to appeal must pay the nec- essary court fees and file the appeal within the designated period, generally 15 working days after notification of the decision through legal representatives. These timeframes are strictly enforced, with the countdown beginning upon notification, and missing a deadline typically results in forfeiture of the right to appeal. 10.4 Issues Considered by the Appeal Court at an Appeal Appellate courts primarily conduct a review rather than a re-hearing of first instance deci- sions. This review focuses on legal and proce- dural aspects of the original decision, assessing whether there were errors in the application of law or significant procedural violations. In ordi- nary appeals, courts may review both legal and factual matters, including evidence presented at the first instance. However, no new evidence is usually admitted unless exceptional circum- stances justify it. 10.5 Court-Imposed Conditions on Granting an Appeal Courts cannot impose conditions on granting an appeal. Once the appellant meets the procedural requirements, such as filing within the designat- ed timeframe and paying court fees, the appeal must be admitted for consideration. 10.6 Powers of the Appellate Court After an Appeal Hearing The appellate court, upon hearing an appeal, may: • confirm the first instance decision, maintain- ing the original judgment;
• overturn it, in whole or in part, issuing a new decision; or • set it aside, ordering a retrial at the first instance if significant procedural issues are identified. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation The parties must prepay litigation costs, includ- ing those for actions ordered by the judge. Costs for court-appointed experts are shared if evalua- tions are ordered ex officio or requested by both parties. The losing party typically reimburses the prevailing party for advance-paid court fees, expert fees, and witness expenses, but contrac- tual attorney fees are generally not recoverable. Additionally, the judge awards court-mandated attorneys’ fees (10–20% of the judgment) to the winning attorney, which are distinct from client fees and belong to the attorney. 11.2 Factors Considered When Awarding Costs Courts award costs primarily based on the case outcome, with the losing party typically covering the winning party’s expenses. Additional factors include the economic benefit gained or equita- ble discretion in difficult to quantify cases, the case’s complexity, the parties’ conduct during litigation, and, for court-awarded attorneys’ fees 10–20% of the judgment. This approach ensures that cost awards are fair, reflective of case spe- cifics, and discourage bad faith litigation. 11.3 Interest Awarded on Costs Litigation costs subject to reimbursement are adjusted for inflation from the date they were incurred up to the reimbursement date, pre-
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