Appeals—Brazil—Q&A guide

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Appeals—Brazil—Q&A guide
  • 1. Outline and explain the general structure of your country’s court system as it relates to the commercial appellate process.
  • 2. Are there appellate courts that hear only civil matters?
  • 3. Are appeals from administrative tribunals handled in the same way as appeals from trial courts?
  • 4. Is there a separate appellate bar or other requirement for attorneys to be admitted before appellate courts?
  • 5. If separate jurisdictions exist for particular territorial subdivisions or subject matters, explain their main differences as to commercial appeals.
  • 6. What are the deadlines for filing an appeal in a commercial matter?
  • 7. What are the key steps a litigant must take to commence an appeal?
  • 8. How is the documentation for appeals prepared?
  • 9. In commercial matters, may litigants appeal by right or is appellate review discretionary?
  • More...

Appeals—Brazil—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to appeals in Brazil published as part of the Lexology Getting the Deal Through series by Law Business Research (published: March 2021).

Authors: Pinheiro Neto Advogados—Diógenes Gonçalves; Lucas Pinto Simão; Priscilla Martins de Freitas; Fernando Vieira D Almeida Budeu

1. Outline and explain the general structure of your country’s court system as it relates to the commercial appellate process.

Brazil's court system is regulated by the Federal Constitution, and civil procedure is specifically regulated by Federal Law 13,105/2015 (the Civil Procedure Code (CPC)). Commercial matters can be decided by both federal and state courts in Brazil. According to the Federal Constitution, federal courts have jurisdiction over cases listed in articles 108 and 109 (ie, mainly cases involving government entities), and state courts over cases not falling within the jurisdiction of other courts (ie, federal, labour, electoral or military courts).

In civil procedure, second-instance courts are represented by regional federal courts at federal level, and by state appellate courts at state level.

In addition, there are superior courts consisting of the Superior Court of Justice and the Federal Supreme Court. Both courts, as a rule, adjudicate cases already decided by regional federal courts or state appellate courts.

The main role of the Superior Court of Justice is to ensure uniform interpretation of federal law. In civil procedure, among the duties of the

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