Anyone who needs to file a lawsuit in Brazil usually wants to know, before making a decision, how much it may cost to take the dispute to court.
That estimate is not limited to attorney fees.
A lawsuit may also involve court costs charged by the judiciary and expenses required for specific procedural acts.
There is no single table that applies to every lawsuit in Brazil.
The rules vary according to the court, the state, the type of claim, and the value in dispute.
For that reason, any cost estimate must consider where and how the case will be filed.
This article focuses mainly on civil claims before state courts. It uses the State of São Paulo as a reference to show how these expenses work in practice.
Cases before federal courts, labor courts, or other branches of the judiciary follow their own rules and require separate analysis.
Attorney Fees and Court Costs Are Different
Foreign clients who are not familiar with civil litigation in Brazil often ask whether attorney fees and court costs are the same thing.
They are not.
Attorney fees are the amount agreed with the lawyer for reviewing, preparing, and conducting the case.
Court costs, by contrast, are amounts charged by the judiciary for certain procedural acts.
Within the category of court costs, there are at least three basic groups:
- initial court costs;
- costs that may arise during the case;
- appeal costs.
For that reason, the amount paid when the lawsuit is filed represents only part of the costs that may appear later.
The existence and amount of these expenses depend on the characteristics of the case.
For example, a debt collection claim based on simple documentary evidence has a different cost structure from a case that requires real estate appraisal, accounting expert evidence, or other technical evidence.
Initial Court Costs Vary From State to State
In state civil lawsuits, each Brazilian state establishes its own rules for court costs.
In many cases, the initial fee is calculated based on the case value, which represents the economic value of what is being discussed in the lawsuit.
The State of São Paulo offers a useful example of this system.
For civil claims currently filed before the São Paulo State Court, the initial judicial fee generally corresponds to 1.5% of the case value.
This amount must respect the minimum and maximum limits established by state law.
São Paulo uses an index called UFESP, or Unidade Fiscal do Estado de São Paulo, to update certain tax, fine, and fee amounts.
In 2026, each UFESP is R$ 38.42.
The minimum initial court cost corresponds to five UFESPs.
Therefore, the minimum fee to file a claim before the ordinary state court in São Paulo is R$ 192.10.
For 2026, claims with a case value of up to approximately R$ 12,807 are subject to the minimum payment of five UFESPs.
That happens because 1.5% of those values would result in an amount lower than the legal minimum.
From approximately R$ 12,808 onward, the 1.5% rate applies to the case value.
A lawsuit with a case value of R$ 20,000 would have an initial fee of approximately R$ 300.
A case worth R$ 50,000 would generate an initial fee of approximately R$ 750.
A case worth R$ 100,000 would generate an initial fee of approximately R$ 1,500.
These examples do not include other expenses that may arise during the case.
They only show the current logic applied in the State of São Paulo.
A similar lawsuit filed in another state may follow a different percentage, minimum amount, or payment rule.
The Initial Fee May Not Be the Only Cost
The payment made when the case is filed is only the first step in the court-cost structure.
Depending on how the lawsuit develops, other expenses may be required for procedural acts such as:
- service of process;
- bailiff diligences;
- expert evidence;
- publications;
- other steps needed for evidence production or case progress.
Some expenses cannot be predicted with precision when the lawsuit begins.
They depend on the measures that become necessary during the case.
For example, judicial expert evidence may require the parties to advance the expert’s fees.
Certain forms of service or diligences may also require specific payments.
There is also a third relevant category: appeal costs.
When one party appeals a decision, the court may require payment of appeal preparation costs, known in Portuguese as preparo recursal.
This payment allows the appeal to be processed, unless a legal waiver or free legal aid applies.
In São Paulo, there are specific rules for appeal costs and later procedural phases.
For that reason, a responsible estimate should distinguish initial court costs, expenses that may arise during the case, and amounts that may become necessary if the case reaches the appeal stage.
The Special Civil Court May Reduce the Initial Cost
Some disputes may be filed before the Special Civil Court, known in Portuguese as the Juizado Especial Cível or JEC.
This system was created by Law No. 9,099/1995 for certain lower-complexity cases.
It uses a simplified procedure guided by informality, procedural economy, and the search for settlement.
One of the main differences is the initial cost.
Law No. 9,099/1995 provides that, at first instance, access to the Special Civil Court does not require payment of court costs, fees, or procedural expenses.
For a client whose case fits this procedure, this can make an important financial difference.
However, the absence of initial court costs does not mean that the Special Civil Court is available for every lower-value dispute.
Which Cases Can Go to the Special Civil Court?
As a general rule, the Special Civil Court may hear certain lower-complexity cases.
For claims based only on the economic value of the dispute, the general limit is 40 minimum wages.
In 2026, the Brazilian minimum wage is R$ 1,621.
That makes the general 40-minimum-wage limit R$ 64,840.
Value, however, is not the only criterion.
The Special Civil Court was designed for lower-complexity cases.
Its procedure works best when the dispute is compatible with simpler evidence production.
For that reason, a dispute may fall below the financial limit and still be unsuitable for the Special Civil Court.
This analysis becomes especially important when the case depends on:
- extensive technical evidence;
- specialized expert analysis;
- complex accounting review;
- detailed document evaluation;
- evidence that does not fit a simplified procedure.
Some matters cannot be filed before the Special Civil Court regardless of the case value.
For example, the law excludes certain matters involving alimony, bankruptcy, tax, and disputes related to personal status and legal capacity.
There are also restrictions on who may file a claim before the Special Civil Court.
The law admits capable individuals and certain categories of legal entities, such as individual microentrepreneurs, microenterprises, and small businesses.
This means that not every company can use the Special Civil Court as a plaintiff.
For that reason, a R$ 30,000 dispute does not automatically belong in the Special Civil Court simply because it is below the financial limit.
Before filing, it is necessary to check the subject matter of the claim, the legal status of the parties, and whether the simplified procedure can properly handle the dispute.
An Example Helps Compare Both Routes
Imagine an individual who wants to collect R$ 50,000 under a contract.
Assume the dispute could legally proceed either before the ordinary state court or before the Special Civil Court.
If the claim were filed before the ordinary state court in São Paulo in 2026, the initial judicial fee, considering only the general 1.5% rule, would be approximately R$ 750.
If the same claim meets the requirements for the Special Civil Court, there would be no initial court costs at first instance.
The economic difference exists from the beginning.
Still, the choice of procedure should not be based only on that initial saving.
There is another important point.
If the claim exceeds the 40-minimum-wage ceiling, the party may still choose the Special Civil Court in some situations.
However, under Law No. 9,099/1995, choosing that procedure means waiving the amount above the limit, except in the event of settlement.
Artificially reducing the claim may therefore mean giving up part of the credit.
Is the Special Civil Court Free Throughout the Case?
No.
The absence of first-instance court costs does not mean the entire procedure will necessarily remain free.
Law No. 9,099/1995 establishes financial consequences when the case reaches the appeal stage.
If there is an appeal, the appeal preparation costs may include procedural expenses that were previously waived.
Free legal aid may change that result if granted.
In addition, a party who files an appeal and loses at the second-instance level may be ordered to pay court costs and court-awarded attorney fees.
Those fees may be fixed between 10% and 20% of the judgment amount or, when there is no monetary judgment, of the updated case value.
In São Paulo, appeal-cost rules for the Special Civil Courts also include fees and expenses that were not charged at the beginning of the case.
Therefore, the initial saving is relevant.
However, it should be evaluated within the full dispute strategy and the possibility of appeal.
Special Civil Court or Ordinary State Court?
The ordinary state court can handle disputes that do not fit the limits of the Special Civil Court.
It also offers a broader procedural structure for higher-value cases or cases that require a more complete evidentiary phase.
On the other hand, it usually requires payment of initial court costs set by the competent court.
It also involves the risk of court-awarded attorney fees if the claim is dismissed.
The Special Civil Court offers a simplified procedure and does not charge initial court costs at first instance.
However, it has limits regarding value, subject matter, and the parties who may use it.
The correct choice depends on the structure of the case and the client’s objectives.
It should not depend only on the amount paid when the case is filed.
In some situations, the ordinary state court is the better option even when the initial cost is higher.
Choosing the wrong procedure only to reduce costs may create disputes about jurisdiction, limit the claim, or even lead to dismissal without an effective resolution of the dispute.
For foreign clients, understanding how lawsuits work in Brazil is often an important part of choosing the correct route.
Free Legal Aid Is a Different Issue
Free legal aid should not be confused with the absence of first-instance court costs in the Special Civil Court.
The Brazilian Code of Civil Procedure allows individuals and companies, whether Brazilian or foreign, to request free legal aid when they do not have enough resources to pay court costs, procedural expenses, and attorney fees under the conditions provided by law.
This possibility also exists outside the Special Civil Court.
It may apply in ordinary state court cases as well.
However, the benefit depends on the applicable requirements and the analysis made within the case.
For that reason, it should not be presumed in the initial cost estimate.
How Oliveira Lawyers Can Help
Before filing a lawsuit in Brazil, Oliveira Lawyers evaluates the nature of the dispute, the economic value involved, the parties, the competent court, and the available procedures.
This analysis helps identify the predictable initial costs.
It also helps determine whether the case can proceed before the Special Civil Court or whether it requires an ordinary state court lawsuit.
Oliveira Lawyers handles civil, commercial, and asset-related disputes involving Brazilian and foreign clients.
Our work may include the initial case assessment, litigation strategy, filing, case conduct, and later procedural stages.
When different procedural options are available, we explain the costs, limits, and practical consequences of each route before filing.
If you are considering starting a lawsuit in Brazil and want to understand the likely cost structure, contact Oliveira Lawyers for a case review.