In March of this year, the Superior Court of Justice, in the judgment of Special Appeal No. 1.864.345 - SP, under the reporting of Minister Benedito Gonçalves, rendered an opinion to the effect that attorney's fees may be fixed based on an equitable appraisal in actions involving an exorbitant amount, under the allegation that application of the general rule would result in unjust enrichment of the winning lawyer. It should be noted that fees may be contractual, which are those agreed upon between the lawyer ...
On June 10, law 14.010 of 2020, called "Pandemic Law" or "Law of the Emergency and Transitory Legal Regime" (RJET Law) came into force, which aims to regulate the legal relations of private law in the period of the coronavirus pandemic (Covid-19). The legislation established as initial term of the events derived from the pandemic the date of 20/03/2020, which is the date of the Legislative Decree no.06, which recognized the occurrence of the state of public calamity for ...
The figure of amicus curiae (or friend of the court) has been highlighted in the new Civil Procedure Code (CPC), in force since 2016, as a form of third-party intervention, with the aim of further improving the decisions issued by the Judiciary and allow the democratization of the debate, conferring greater legitimacy to the actions of the Supreme Courts. The institute enables the participation of one who is not a party to the lawsuit to assist the court, by virtue of its special knowledge and ...
The principle of reasonable duration of the process was included in the list of fundamental rights of the Constitution, by Constitutional Amendment 45 of 2004, which added subsection LXXVIII to art. 5, stating that "everyone, in the judicial and administrative sphere, is assured a reasonable duration of the process and the means to ensure the speed of its processing. For the effective jurisdictional provision by the State is necessary to ensure a reasonable time for the process, moving away the procedural slowness. But what is understood ...