Brazil
Only the federal government may legislate on civil and commercial procedures. The Code of Civil Procedure (CPC), enacted in 2015, is applicable to civil litigation proceedings and other matters for which no specific procedural rules exist. The Brazilian Federal Constitution limits trial by jury to criminal cases involving homicide.
As a general rule, representation by an attorney in civil proceedings is mandatory in Brazil. The only exception relates to lawsuits filed with the Small Claim Courts by individuals seeking to recover:
- in State Courts, an amount below the equivalent of 20 times the minimum wage; or
- in Federal Courts, an amount below the equivalent of 30 times the minimum wage.
The current minimum wage in Brazil (2023) is BRL1,320.00 (approximately USD272.24).
Civil lawsuits are initiated when the plaintiff files a petition with the relevant court. The plaintiff must serve the respondent with the filed petition and such service must take place at least 20 business days prior to a mandatory conciliation hearing, which the respondent is required to attend. This mandatory hearing:
- will take place before the court; and
- shall be scheduled at least 30 days in advance.
Should the parties fail to reach an agreement at the mandatory hearing, the respondent must file its defense within 15 business days of the date of the conciliatory hearing.
The judge may discharge the parties of their obligation to attend the mandatory conciliatory hearing. If this happens, the respondent must file a defense within 15 business days after it is served with the notice of the parties being discharged of the obligation to attend the mandatory conciliatory hearing. In cases where there is more than one respondent, the beginning of such term is the day after the last respondent is served.
After the respondent files a defense, the plaintiff has 15 business days to reply to the respondent’s allegations.
The parties have five business days, counting from the day of the decision granting them the opportunity to present evidence, to inform the court of the evidence they wish to rely on. Timeframes for this evidence presentation phase may vary depending on the complexity of the matter.
Finally, after the evidence presentation phase, the judge may grant the parties the opportunity to file their closing arguments before rendering a judgment.
The usual total timeframe for a lawsuit to be ruled upon depends mainly on the complexity of the case, the relevant court competent for judging the case, the evidence the parties want to present and the number of appeals the parties decide to file. It may range from five months (in lawsuits in which it is not necessary to present any evidence) to three years, in accordance with the table below:
Initial term | Final term | Number of days/months/ years |
Service | Mandatory conciliatory hearing | 40 business days |
Mandatory conciliatory hearing | Defense | 15 business days |
Defense | Decision granting opportunity for reply | 1 month |
Decision granting an opportunity for reply | Reply | 15 business days |
Reply | Decision granting opportunity for requesting evidence production | 1-2 months |
Decision granting opportunity for requesting evidence production | Petition requesting evidence production | 5 business days |
Petition requesting evidence production | Beginning of evidence production phase | 1-2 months |
Beginning of evidence production phase | Closing of evidence production phase | 1-2 years |
Closing of evidence production phase | Decision granting opportunity for closing arguments | 1-2 months |
Decision granting opportunity for closing arguments | Closing arguments | 15 business days |
Closing arguments | Judgment | 1-2 months |