Código de Processo Civil (CPC)
The Código de Processo Civil (CPC), enacted as Law No. 13,105 of 2015, replaced the previous 1973 code and governs civil procedure in all Brazilian courts. The CPC modernized Brazilian civil litigation by introducing mechanisms to expedite case resolution, including the binding precedent system (súmula vinculante), concentrated procedural acts, and enhanced judicial efficiency. It establishes three special procedures: the ordinary process (procedimento comum), the special procedures (mandado de segurança, habeas corpus, and others), and the summary proceedings for smaller claims. The CPC also addresses cooperative conduct by the parties, prevention and pre-trial procedures, and the duty of good faith.
Legal area: Procedural law governs the rules and methods for the enforcement of substantive law in judicial proceedings.
Year enacted: 2015
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L13105.htm
Key Provisions
- Art. 6: Principles of the process (adequate, timely, and effective justice)
- Art. 319: Precautionary measures (liminar and cautelar)
- Art. 332: Binding precedent system (efeitos erga omnes of STF decisions)
- Art. 489: Binding effect of judicial decisions (stability and predictability)
- Art. 536: Binding precedent mechanism (overruling and distinguishing)
- Art. 765: Electronic process (processo eletrônico)
- Art. 884: Alternative dispute resolution (conciliation, mediation, arbitration)
Significance
The CPC 2015 represents a major reform of Brazilian civil justice, addressing the chronic problem of case delays and backlog. The binding precedent system was a significant departure from Brazil’s traditionally inquisitorial approach, introducing greater predictability in judicial outcomes. The CPC has been praised for its innovative features but criticized for underfunded implementation in state courts across Brazil’s diverse legal landscape.