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Litigation
3.5 Appeal
Upon the filing of an appeal and presentation of counterarguments by the other party, the records
of the proceeding are sent to the Court of Appeals, where they will be distributed to a Chamber and a Reporting Judge will be appointed. The Reporting Judge then analyses the records, and set a date for trial.
On the day of the trial, both parties will have the opportunity to present their oral arguments, and then a group of three judges will render a decision.
After a decision is rendered by the Court of Appeals, parties will have 5 business days to file a Motion for Clarification.
Once that the Court of Appeals grants a final decision, the prevailing party has the right to commence the enforcement stage of the proceeding by requesting the provisional satisfaction of the judgement.
3.6 Supreme Court and Superior Court
In the event there is a violation
to Federal Law or to the Federal Constitution in the decisions rendered by the Court of Appeals, the parties will have 15 business
days to present a Special Appeal to the Superior Court of Justice or an Extraordinary Appeal to the Federal Supreme Court, respectively. The counter party will have the same time to present counter-arguments.
After the decision becomes final, the records return to the first instance for the enforcement of the decisions.
4. Court Fees and Expenses
Court fees in Brazil vary in each State. Initial court fees usually are a small percentage of the total amount in dispute with a cap. One of the highest percentages among all courts in Brazil is of the São Paulo State Court, with a percentage of 4% of the amount in dispute.
Aside from the Court fees for filing the lawsuit, other expenses might be incurred by parties in the course of the lawsuit, such as experts’ fees, and fees for filing an Appeal, Interlocutory Appeal or Special Appeal.
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%.
In case an Appeal is filed, the Court can increase the sucumbential fees, observing the limit of 20% of the condemnation amount.
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