Litigation in Brazil

In Brazil, there are many reasons why lawsuits could be filed against another individual or a company. Some of these lawsuits are considered civil litigation. Civil litigation is any type of lawsuit or dispute that is not of a criminal nature.

Civil lawsuits are brought before a civil court. While these lawsuits are still serious, they are certainly not as difficult to rule as a criminal case, so a single judge is needed in Brazil with no jury. In fact, many cases can even be solved without a judge by arbitration. Many causes could bring about civil litigation, but there are some disputes that occur more often than others in Brazil.

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Common types of lawsuits

• Class Action Suits – Lawsuits that are class action were not filed by a single person, but instead are filed by an entire group of people. This type of lawsuit is common when a group of customers feel that a business’ product or service was insufficient or even harmful. In this type of civil litigation, the award is often split between all members of the group or class.

• Contract Disputes – When a contract is breached, the lawsuit that follows is considered civil litigation. Breaches of contract in Brazil face similar consequences to those in the United States. The offender must pay losses and damages to make up for the goods or services not obtained on adherence with the contract, and he or she also must pay for the moral or emotional damages caused. Contract breaches can either be between individuals, businesses, or individuals and businesses.

• Property or Real Estate Disputes – When it comes to owning land, many disputes can arise. Whether someone is infringing on your boundaries or denying what you own, property disputes should be solved in accordance with proper Brazilian law to avoid further complications. This type of lawsuit is considered civil litigation and can be resolved either in court or through arbitration.

• Statutory Issues – In Brazil, the law is based solely on the statutes set forth by the Brazilian Constitution. When one of the laws outlined in the Constitution is broken, it becomes a statutory issue. A lawsuit should be filed, and the dispute will be brought before a court as a matter of civil litigation. Sometimes, it is a minor error in law interpretations, but sometimes the law was broken intentionally and harsher punishment must be given.

How to Protect Yourself

Civil litigation in Brazil involves all lawsuits that are not criminal problems. There are usually just disputes between people or businesses that can be solved with arbitration or a court hearing. If you are considering starting a business in Brazil or moving some of your business operations, you should first understand what you’ll need to do in the case of civil litigation, either filed by you or against you.

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[email protected]
+55-11-4349-1915 Brazil
+1-214-432-8100 USA
Get a Quote Today!