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| Brazilian Code of Civil Procedure (2015) | |
|---|---|
| Name | Código de Processo Civil |
| Enacted | 2015 |
| Jurisdiction | Brazil |
| Enacted by | National Congress of Brazil |
| Signed by | Michel Temer |
| Date coming into force | 2016 |
| Status | in force |
Brazilian Code of Civil Procedure (2015)
The 2015 Brazilian Code of Civil Procedure replaced the 1973 code and reformed civil litigation across Brazil. It was enacted by the National Congress of Brazil and promulgated during the administration of Michel Temer, reshaping procedures used by forums such as the Supremo Tribunal Federal, the Superior Tribunal de Justiça, and regional Tribunal de Justiça courts. The code interacts with instruments like the Constitution of Brazil and influences actors from Advocacia-Geral da União lawyers to academic scholars at institutions such as the Universidade de São Paulo and Fundação Getulio Vargas.
The drafting process involved commissions linked to the National Congress of Brazil, jurists influenced by comparative models including the German Civil Procedure Code and the French Code of Civil Procedure, and consultations with bodies like the Conselho Nacional de Justiça and the Ordem dos Advogados do Brasil. Debates in the Chamber of Deputies and the Federal Senate (Brazil) reflected tensions between doctrines from scholars at Universidade Federal do Rio de Janeiro, practitioners associated with the Superior Tribunal de Justiça, and policy goals cited by ministers in the Ministry of Justice and Public Security. Major legislative milestones included committee reports, plenary votes in the Chamber of Deputies and amendments proposed by senators aligned with constituencies in São Paulo and Rio de Janeiro.
The code restructures civil procedure into books and titles, introducing mechanisms such as the concentration of procedural acts, stricter deadlines, and new rules on repetition of litigation influenced by reforms in the Código Civil (2002). Innovations include the introduction of the incidental enforcement of judgments practiced in courts presided over by judges from the Tribunal Regional Federal system, expanded use of collective procedures resonant with jurisprudence from the Supremo Tribunal Federal, and procedural devices aimed at reducing congestion in panels of the Superior Tribunal de Justiça.
Core principles codified include the duty of cooperation seen in decisions from the Supremo Tribunal Federal, the primacy of substantive dispute resolution echoed by rulings of the Superior Tribunal de Justiça, and enhanced access to justice advocated by public defenders from the Defensoria Pública da União. The code balances adversarial rights protected in litigations before Tribunais de Justiça with efficiency priorities that inform practice in commercial centers like São Paulo and Rio de Janeiro, while aligning with constitutional guarantees under the Constitution of Brazil.
Provisions on tutelas provisórias and preliminary injunctions allow judges in Tribunal de Justiça courts to grant urgent relief, drawing on precedents from the Supremo Tribunal Federal and comparative practice in the European Court of Human Rights. The code refines interlocutory review, attachment of assets following precedents from the Superior Tribunal de Justiça, and procedures for provisional enforcement that impact litigants represented before the Tribunal Regional Federal benches and municipal forums.
The code limits expansive discovery models, emphasizing judicial direction of evidence in line with rulings from the Superior Tribunal de Justiça and the evidentiary approach taught at the Universidade de São Paulo. It formalizes expert evidence (peritos) procedures similar to practices in civil courts of Paris and Munich, sets timelines for document production consistent with cases in the Tribunais de Justiça and expands judicial powers to order inspections and commissions modeled after comparative jurisprudence from the European Court of Human Rights.
Trial phases were reorganized to promote concentration of acts and faster adjudication in first-instance courts presided over by judges trained at institutions such as the Universidade Federal de Minas Gerais. The code clarifies judgment types recognized by the Superior Tribunal de Justiça, standardizes decisions to reduce fragmented rulings appealed to the Supremo Tribunal Federal, and provides for consolidated judgment techniques used in commercial litigation hubs like São Paulo.
Appellate pathways were recalibrated to curb repetitive appeals to the Superior Tribunal de Justiça and the Supremo Tribunal Federal by introducing filters and new resources analogous to UK permission to appeal practices observed in the Supreme Court of the United Kingdom. The code preserves extraordinary remedies such as ação rescisória while imposing stricter admissibility criteria shaped by precedents from the Superior Tribunal de Justiça and constitutional interpretation by the Supremo Tribunal Federal.
Since enactment, courts including the Supremo Tribunal Federal and the Superior Tribunal de Justiça have issued jurisprudence interpreting the code; scholars from Fundação Getulio Vargas and the Universidade de São Paulo have produced critiques about procedural rigidity and access implications, prompting proposals in the National Congress of Brazil and policy briefs by the Conselho Nacional de Justiça. Critics cite bottlenecks in major commercial centers such as São Paulo and institutional challenges for public defenders at the Defensoria Pública da União, while advocates point to improved case management observed in some Tribunais de Justiça and pilot projects coordinated with the Ministry of Justice and Public Security.
Category:Brazilian law