Page 64 - Demo

Doing Business in Brazil
judge orders the parties to inform the evidence they wish to produce.
The judge then analyses the evidence requested by the parties and may admit or deny them.
In the event that an oral evidence
is requested, a hearing shall be scheduled. If any expert evidence
is requested, the judge will appoint an expert and parties may appoint technical assistants and prepare queries and technical reports. If documentary evidence is produced, the other party is given the opportunity to comment on them. Once all evidence is produced, parties have the opportunity to present closing arguments.
3.4 Judgement
The lawsuit is then remitted to
the judge, who will analyze all the arguments and evidence presented on the case and render a decision.
In Commercial and Civil lawsuits, the Brazilian law does not provide for a trial by jury.
Once the decision has been published, the parties may file a Motion for Clarification within 5 business days, or file an Appeal within 15 working days. In both cases, the other party will then have the same term to present its counterarguments.
If no appeal is presented, the decision becomes final and the enforcement stage is initiated, summoning the losing party to comply with the decision.
It must also be noticed that under Brazilian legislation, the party that
loses the claim
shall reimburse
the Court fees and expenses incurred by the winner, in addition to paying “sucumbential fees” to the attorneys of the winning party, in a limit between 10% to 20%,
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Once the decision has been published, the parties may file a Motion for Clarification within 5 business days, or file an Appeal within 15 working days.