Litigation
The evidence production phase plays a key role in a lawsuit, and may be decisive for its success – or not. The current Code of Civil Procedure (CPC) introduced the early production of evidence as an autonomous claim. Therefore, the production of evidence will no longer be a procedure phase, or an injunction plead, but a litigation claim, which expanded – and greatly – its suitability.
In times of "overinformation" and an increasingly digital society, where a quick acess in a search site can lead to any content anywhere in the world, discussions involving the right to be forgotten – i.e., the withdrawal of personal information from websites and mass media – and its (in)compatibility with the right to freedom of the press are increasingly complex.
ADI filed by mdb questioned the requirement of production of citrus seedlings with the use of substrate that does not contain soil, but the action did not proceed because it presented procedural defects.
Rural Product Note aims to raise financial resources to maintain agricultural operations and preserve biodiversity.
For the conflict of jurisdiction between a judicial reorganization court and the tax foreclosure court to be heard and reviewed, there must indeed exist conflicting decisions rendered by these courts.
It is increasingly common that the Public Administration and private entities seek to harmonize their purposes to maximize the pursuit of the public interest and achieve the effective solution of environmental and social problems.
The initiative has the potential to increase the productivity of judges and public servants and can speed up the review of legal proceedings in the state, where the lack of specialization is one of the bottlenecks of the Judiciary.
STJ understood that the public interest that would justify the performance of the MP in the collective action was overcome in the execution phase, leaving only the hypothesis of residual execution provided for in Article 100 of the Consumer Protection Code.
Eduardo Perazza, Débora Chaves Martines Fernandes, Bruna Godoy Marques das Neves and Danielle Siebra Pereira
Predatory litigation is a concept with many names and still without a clear definition.
The decision of the Superior Court of Justice helps to reduce the demand of formal requirements for the admission of appeals, reinforcing the constitutional guarantee of access to Justice.
The recognition that social and environmental, collective, and complex disputes can and should be resolved by more appropriate methods stands out among the 143 precedents approved.
Decision confirms a position that had already been defended by state courts with the same interpretation of Article 33 of the Arbitration Law and its paragraphs.
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