Brazil: Main Amendments Introduced By The New Brazilian Civil Procedure Law With Respect To Terms And Deadlines

Apparently simple but with grey areas remaining

When it comes to the civil procedure, it is undeniable that one of the first issues that comes to mind is perhaps the most important: deadlines. The whole civil procedure in Brazil is regulated by deadlines set by the Law, which invariably end up determining the day-to-day of work of the litigation attorneys. The first question that is always asked before deciding which measure or appeal is suitable, what should be addressed to the Court and what kinds of evidence should be used, is: what is the deadline?

As might be expected, the deadlines and terms were also subject to a lengthy review by the jurists who worked on the bill of the new Brazilian Civil Procedure Law (Federal Law No. 13,105/2015) which entered in force last March. The new law has substantially altered issues related to terms and deadlines in different aspects: extension of the deadlines, the way of measuring them and even the possibility of the parties negotiating and agreeing to different deadlines from those provided by the Law.

These issues directly affect the day-to-day working life of the Litigation attorneys and the courts. They also have an indirect impact on the effectiveness of the courts' actions and the expectation of those who apply to the courts to try to resolve their problems in the shortest time possible.

In order to simplify the deadline issues and reduce the number of disputes and appeals presented to discuss the compliance or not with the deadlines, the authors of the new Brazilian Civil Procedure Law proposed the following amendments. We present a comparison with the provisions of the previous Law:

A simple analysis of the amendments above shows the new Law aims to simplify the deadlines' dynamics, guaranteeing more certain and predictable proceedings, as well as being more adaptable to the parties´ expectations.

While the previous Law provided deadlines of five, 10 and 15 days for different steps during the proceeding, the new Law provides a default term of 15 days for the compliance of those steps. This also applies to the deadlines to appeal or to answer an appeal, except for clarification motions that must still be presented within five days.

Beyond the appeals, this default deadline was also adopted for other proceedings during the lawsuit, such as the presentation of an answer for the Defendant, the presentation of a technical assistant when a technical report is ordered by the Judge and for identifying the witnesses for their depositions when this kind of proceeding is ordered by the Judge.

Another important change was the adoption of deadlines that will only occur during working days. Whereas weekends and holidays were included in the previous way of measuring deadlines, the new Law is very clear in stating that the days when the courts do not work will be considered as holidays for deadline purposes. However, the Law also establishes that the parties will have to prove when a Court did not work.

Although, at first sight, the standardizing and measuring of deadlines should represent an increase in the length of a lawsuit, the tendency is that the stability and the certainty provided by these new rules will result in fewer pleadings and appeals related to controversy over deadlines.

It should be remembered that the fact of having 15 days to comply with a deadline does not mean this should be done on the last day possible. On the contrary, the new mechanisms provide a safeguard that allows the litigators to organize their deadlines better and, why not, comply with them in advance.

The new Law will better attend the parties´ interests as it will enable them to negotiate and establish different deadlines from the ones stated by Law.

Notwithstanding all the above, as should be expected, the enactment of any new law not only brings improvements but also raises questions and uncertain situations that will demand an in-depth analysis of the subject matter and the views of legal scholars to see how they fit into the new system.

What happens with the deadlines set during the period of the previous Law that will expire during the period of the new Law? How will the Law that should be applied be established - through the issuance of the decision that sets the deadline or the notification of the party entitled to comply with it?

The very date of the coming into effect of the new Law itself raise questions, as different opinions were presented about it. Even though the Superior Court of Justice tried to clarify this matter in a recent judgment session, those who defend different views still have strong grounds for doing so.

These are temporary arguments that should soon stop creating further pleadings. However, until this happens, it is possible that we will see lots of questions and appeals that will demand court decisions removing obstacles that jeopardize the stability and security the Law aims to provide.

Other ongoing issues should take more time until they are sorted out, as it happens with the enforcement of civil procedure rules in other areas of the Law, such as the rules related to labor issues, to which the Civil Procedure Law should be applied secondarily.

A lot still has to be done. Arguments will arise which will lead to new defense theories that will, in turn, depend on the views of legal scholars and by the Courts.

At the end of the day, the simplicity, stability and security the new mechanisms aim to impose on the civil proceedings straight away will depend on solutions that are not simple. These will be based on different interpretations of the Law. Until then, those involved in court cases will have to expect questions and uncertainty.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions