TozziniFreire Advogados updates

Price of litigating in Brazil: court-awarded attorneys' fees
TozziniFreire Advogados
  • Litigation
  • Brazil
  • 23 April 2019

In addition to contractual fees, winning attorneys are entitled to court-awarded attorneys' fees, which are determined using objective criteria. However, despite being relatively straightforward to calculate, some courts struggle to award attorneys' fees, particularly in disputes involving significant amounts. A recent Superior Court of Justice decision provides clarity in this regard and is likely to set the tone for future disputes regarding court-awarded attorneys' fees.

Can you choose a foreign forum to decide your dispute? Yes, but…
TozziniFreire Advogados
  • Litigation
  • Brazil
  • 16 April 2019

The relatively new Civil Procedure Code specifically authorises parties to a contract to select a foreign jurisdiction to decide their disputes. Although the language of the code is straightforward, the lower courts are still debating whether the choice of a foreign jurisdiction would set aside the jurisdiction of the Brazilian courts. Until the Superior Court of Justice sheds some light in this regard, it will remain unclear whether Brazilian courts' jurisdiction can be set aside in favour of foreign courts.

Brazilian legal system: civil law sprinkled with common law elements
TozziniFreire Advogados
  • Litigation
  • Brazil
  • 17 July 2018

Even though Brazil is a civil law country, the New Civil Procedure Code of 2015 has brought elements of common law jurisdictions to the Brazilian courts. Certain precedents rendered by the Supreme Court and the Superior Court of Justice – the country's highest courts for constitutional and federal law issues, respectively – are now binding on the lower courts.

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