Procedures on ExcellentWiki - Legal Encyclopedia

Civil Procedure Code 2015 (CPC/2015)

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The Civil Procedure Code of 2015 (CPC/2015, Law 13.105/2015) replaced the 1973 CPC and represents the most comprehensive reform of Brazilian civil procedure in decades. The CPC/2015 introduced fundamental changes to the structure of civil litigation, emphasizing precedents, cooperation, efficiency, and constitutionalization of procedural law. The Code entered into force on March 18, 2016.

Fundamental Principles

Article 1: Constitutionalization

Article 1 provides that civil procedure shall be organized, disciplined, and interpreted in accordance with the fundamental values and guarantees of the Federal Constitution. This constitutionalization ensures that procedural rules are interpreted in light of due process, adversarial proceedings, and fundamental rights.

Criminal Procedure in Brazil

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Criminal procedure in Brazil is governed primarily by the Criminal Procedure Code (CPP, Decree-Law 3.689/1941), which reflects an inquisitorial heritage that has been progressively reformed to incorporate adversarial elements and human rights protections. The 1988 Federal Constitution established fundamental criminal procedure principles, including the presumption of innocence, due process, adversarial proceedings, and full defense. Significant reforms, particularly Law 13.964/2019 (the Anti-Crime Package), have modernized the system.

Constitutional Principles

Presumption of Innocence

Article 5, LVII establishes that “no one shall be considered guilty until a final and unappealable criminal conviction.” The STF in HC 124.306 (2016) confirmed that this principle prohibits imprisonment before all appeals are exhausted.

Appeals System in Brazilian Law

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

The appeals system in Brazil is a multi-tiered structure allowing parties to challenge judicial decisions through various procedural remedies. Governed primarily by the Civil Procedure Code of 2015 (CPC/2015, Articles 994-1,044), the system provides for appeals against final judgments, interlocutory decisions, and decisions of superior courts. The structure reflects the hierarchical organization of the Brazilian judiciary and the civil law tradition of multiple appellate levels.

General Principles

Duplo Grau de Jurisdição

The double degree of jurisdiction (duplo grau de jurisdição), while not an absolute constitutional right, is a fundamental procedural principle. It ensures that parties may obtain review of a decision by a higher court, though certain decisions are not subject to appeal.

Class Actions in Brazil

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Class actions in Brazil (ações coletivas) provide a mechanism for collective enforcement of rights, allowing litigation of claims affecting multiple individuals or the entire community. The Brazilian system is distinctive in comparative law, combining elements of the American class action with civil law traditions and a strong emphasis on diffuse rights (direitos difusos), collective rights (direitos coletivos), and individual homogeneous rights (direitos individuais homogêneos).

Legal Framework

Constitutional Basis

The 1988 Constitution provides for collective enforcement through: (i) popular action (ação popular, Article 5, LXXIII); (ii) writ of security (mandado de segurança, Article 5, LXIX and LXX); and (iii) public civil action (ação civil pública), authorized by Article 129, III.

Precatory Requests in Brazil

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Precatory requests (precatórios) are the constitutional mechanism for payment of judicial debts owed by the federal, state, or municipal government. When a final judgment requires the government to pay a sum of money, the payment is made through the precatório system, which provides for budgetary inclusion and sequential payment. The Small Value Request (Requisição de Pequeno Valor, RPV) is an expedited mechanism for smaller debts. The system is governed by Article 100 of the Constitution and by Law 10.259/2001 (RPVs).

Arbitration Procedure in Brazil

Tue, 07 Jul 2026 00:00:00 +0000

Introduction

Arbitration procedure in Brazil is governed by Law 9.307/1996 (the Brazilian Arbitration Act), as amended by Law 13.129/2015. The Act provides a flexible framework for both institutional and ad hoc arbitration, allowing parties to define procedural rules or adopt the rules of recognized arbitral institutions. The procedure reflects international best practices while accommodating Brazilian legal traditions.

Arbitration Agreement

Validity Requirements

The arbitration agreement must: (i) be in writing; (ii) identify the parties; (iii) specify the subject matter; (iv) be signed by the parties or their representatives; and (v) concern patrimonial disposable rights.