Civil procedure in Brazil

BrazilCode of Civil Procedure
Civil procedure in Brazil consists of the rules of civil procedure detailed in the Civil Procedure Code (Código de Processo Civil, commonly referred to as CPC), which has been approved in March, 2015, and being in application since March, 2016, in substitution to the old code from 1973.wikipedia
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Civil procedure

civilCode of Civil ProcedureCivil procedure law
Civil procedure in Brazil consists of the rules of civil procedure detailed in the Civil Procedure Code (Código de Processo Civil, commonly referred to as CPC), which has been approved in March, 2015, and being in application since March, 2016, in substitution to the old code from 1973. With the 1891 Constitution, states were authorized to create their own rules for civil procedure. The 1939 Code of Civil Procedure (Portuguese:Código de Processo Civil) was a direct result of the 1934 Constitution.

Civil law (legal system)

civil lawcivilcivil law system
As a civil law system, it is heavily influenced by Roman and German concepts of civil procedure.

Bürgerliches Gesetzbuch

German Civil CodeBGBCivil Code
As a civil law system, it is heavily influenced by Roman and German concepts of civil procedure.

Law

legallawslegal theory
In Brazil, civil procedure regulates the hearings of conflicts based in various sectors of law, such as private law, social law, and public law.

Private law

civil lawcivilprivate
In Brazil, civil procedure regulates the hearings of conflicts based in various sectors of law, such as private law, social law, and public law.

Social policy

social policiessocialsocial administration
In Brazil, civil procedure regulates the hearings of conflicts based in various sectors of law, such as private law, social law, and public law.

Public law

publicUnited States public lawP.L.
In Brazil, civil procedure regulates the hearings of conflicts based in various sectors of law, such as private law, social law, and public law.

Philip II of Spain

Philip IIKing Philip IIPhilip
The early origins of Brazilian civil procedure can be found in the Portuguese Philippine Ordinances (Ordenações Filipinas), which were prepared during the reign of Philip I of Portugal in 1595, but not promulgated until the reign of Philip II in 1603.

Philip III of Spain

Philip IIIPhilip II of PortugalPhilip II
The early origins of Brazilian civil procedure can be found in the Portuguese Philippine Ordinances (Ordenações Filipinas), which were prepared during the reign of Philip I of Portugal in 1595, but not promulgated until the reign of Philip II in 1603.

By-law

bylawsbylawby-laws
These ordinances were applied to Colonial Brazil and continued to be in force in the country after its independence from Portugal in 1822.

Colonial Brazil

Brazilcolony of BrazilPortuguese colony of Brazil
These ordinances were applied to Colonial Brazil and continued to be in force in the country after its independence from Portugal in 1822.

Plaintiff

claimantplaintiffscomplainant
Book III of the Ordinances contained basic rules for bringing an issue before a court, such as requiring the complaint to be written and authorizing "secret acts" where both the plaintiff and defendant were barred from participating (parties did not participate in the examination of witnesses, for example).

Defendant

defendantscriminal defendantco-defendant
Book III of the Ordinances contained basic rules for bringing an issue before a court, such as requiring the complaint to be written and authorizing "secret acts" where both the plaintiff and defendant were barred from participating (parties did not participate in the examination of witnesses, for example).

Roman law

RomanRoman civil lawlaw
As a civil law system, it is heavily influenced by Roman and German concepts of civil procedure. These procedures were heavily influenced by Roman and canon law, signaling Brazil´s long-standing preference for civil law systems.

Canon law

canonecclesiastical lawcanons
These procedures were heavily influenced by Roman and canon law, signaling Brazil´s long-standing preference for civil law systems.

Constitution of Brazil

Brazilian ConstitutionConstitutionFederal Constitution
With the 1891 Constitution, states were authorized to create their own rules for civil procedure. This failure influenced the 1934 Constitution to grant authority over the civil procedure to the Brazilian Federal Government. The 1939 Code of Civil Procedure (Portuguese:Código de Processo Civil) was a direct result of the 1934 Constitution.

Federal government of Brazil

Brazilian GovernmentGovernment of Brazilfederal
This failure influenced the 1934 Constitution to grant authority over the civil procedure to the Brazilian Federal Government.

Portuguese language

PortuguesePortuguese-languageBrazilian Portuguese
The 1939 Code of Civil Procedure (Portuguese:Código de Processo Civil) was a direct result of the 1934 Constitution.

Law of Germany

German lawGermanGerman constitutional law
However, Brazilian legal scholar Sérgio Bermudes observed that the code represented the uncomfortable coexistence of two different influences: "a generalized modern element, heavily inspired by German, Austrian and Portuguese law, as well as the work of legislative review of Italy; and a specialized anachronistic element, sometimes too faithful to the old Lusitanian process, sometimes completely unsystematic."

Law of Austria

AustrianAustriaAustrian law
However, Brazilian legal scholar Sérgio Bermudes observed that the code represented the uncomfortable coexistence of two different influences: "a generalized modern element, heavily inspired by German, Austrian and Portuguese law, as well as the work of legislative review of Italy; and a specialized anachronistic element, sometimes too faithful to the old Lusitanian process, sometimes completely unsystematic."

Law of Portugal

Portuguese lawPortugueselaw
The early origins of Brazilian civil procedure can be found in the Portuguese Philippine Ordinances (Ordenações Filipinas), which were prepared during the reign of Philip I of Portugal in 1595, but not promulgated until the reign of Philip II in 1603. However, Brazilian legal scholar Sérgio Bermudes observed that the code represented the uncomfortable coexistence of two different influences: "a generalized modern element, heavily inspired by German, Austrian and Portuguese law, as well as the work of legislative review of Italy; and a specialized anachronistic element, sometimes too faithful to the old Lusitanian process, sometimes completely unsystematic."

Law of Italy

Italian lawlegge regionaleItalian legal system
However, Brazilian legal scholar Sérgio Bermudes observed that the code represented the uncomfortable coexistence of two different influences: "a generalized modern element, heavily inspired by German, Austrian and Portuguese law, as well as the work of legislative review of Italy; and a specialized anachronistic element, sometimes too faithful to the old Lusitanian process, sometimes completely unsystematic."

Supreme Federal Court

Supreme CourtBrazilian Supreme CourtSupreme Court of Brazil
The new code was drafted by law scholar Alfredo Buzaid, who would later serve as a judge on the Brazilian Federal Supreme Court, and was reviewed by a commission consisting of judges José Frederico Marques, Luiz Machado Guimarães, and Luíz Antônio de Andrade.

Cognition

cognitivecognitive functioncognitive process
The 1973 CPC recognizes three different types of processes: cognitive (cognição), executory (execução), and provisional (cautelar).

Executor

executrixexecutorsExors
The 1973 CPC recognizes three different types of processes: cognitive (cognição), executory (execução), and provisional (cautelar).