Commercial Litigation in Brazil

When someone enters a lawsuit against another person or a business in Brazil, the case enters litigation. When the lawsuit is filed between two individuals, it is considered civil litigation. It is any lawsuit or dispute that is not criminal in nature.

The litigation is brought before a single judge in a civil court of law without a jury. In fact, some types of civil litigation can even be resolved through arbitration without a judge.

When a lawsuit is filed against or filed by a business, it is considered commercial litigation. Again, as long as the lawsuit isn’t criminal, it can be resolved in front of a civil judge without a jury.

Civil Litigation Lawsuits

There are many different kinds of lawsuits that can be considered civil litigation. Some of the most common include:

• Contract Disputes – Civil litigation is used when a contract is breached. The consequences of breaching a contract are similar to those enforced in the United States. Contract breaches in civil litigations are those between individuals or groups of individuals. If you breach a contract and it goes into civil litigation, you will be forced to pay actual losses and damages in addition to the moral damages your breach may have caused.

• Real Estate or Property Disputes – Any disagreements about land or property ownership will go into civil litigation. There are many laws regarding land ownership in Brazil, so this type of dispute is common.

• Statutory Disputes – Since Brazil is a country that follows civil law, its Constitution is the final word. When one of the statutes outlined in the Constitution is broken, a statutory lawsuit can be filed. The case is considered civil litigation whether the infraction was a simple misinterpretation or a blatant offense.

Business Litigation Suits

When it comes to business litigation in Brazil, lawsuits might be filed against a business or a business might file them. Common lawsuits filed against a business include:

• Wrongful Discharge – Laws surrounding employers and employees in Brazil are famously complex, so lawsuits between the two are common. If an employee is fired illegally, the former employee can file a lawsuit against the business claiming they were wrongfully terminated.
• Personal Injury – As in the United States, you can sue a business if you are personally harmed by their services or products. Whether you slip in a restaurant and break your ankle or take a diet pill that gives you a disease, you can file for commercial litigation against the business in Brazil.

Common lawsuits filed by businesses include:

• Breach of Contract – As in civil litigation, businesses can file lawsuits for contract breaches in commercial litigation. When a contract is breached between two businesses, it often means the injured business will not be able to fulfill orders and requests, so lawsuits are not uncommon. The offending business will owe money to repair all damages.

• Trademark Infringement – When one business’ trademark is copied by another one, the reputation of the original business could be harmed. For that reason, most businesses file a lawsuit in Brazil under commercial litigation when their trademark is copied in the slightest.

If you plan on doing business or investing in Brazil, you should become educated on civil and commercial litigation, or consider speaking with an attorney about either if you feel that you need to file a lawsuit.

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