Special Appeal and Extraordinary Appeal: Understand their characteristics, differences, and when to use them.
The Special Appeal and the Extraordinary Appeal are two of the main instruments used in the Brazilian judicial system to submit decisions rendered in the first and second instances to the analysis of higher courts, especially when they involve legal issues relevant to the national legal system. These appeals are fundamental to ensuring uniformity and correct interpretation of the law.
Extraordinary appeal in practice: from preparation to judgment of the Extraordinary Appeal.
If you're a legal professional, you already know that understanding how extraordinary appeals work is essential. In this article, we'll cover the deadlines, the grounds for admissibility, and how a lawyer can prepare to handle an extraordinary appeal. Ready? First of all, this is our second text on the appeals system in the CPC (Brazilian Code of Civil Procedure). In […]
Special, Ordinary, or Extraordinary Appeal? Learn how to choose the right path.
Introduction Within the scope of Brazilian Procedural Law, the strategy to be adopted during a process uniquely requires anticipating not only a potential judgment, but also the potential path that will be followed throughout the entire process, including the event that the process reaches a higher court. Within the constitutional text, some resources […]
General Theory of Appeals in Civil Law
Origin and Definition of Appeals in Brazilian Law Before understanding appeals within the legal framework, it is necessary to delve a little into anthropology. This is specifically to understand the social function of appeals, what is the reason for their existence beyond the structure provided by law itself. When we enter into the analysis within the sphere […]
How does relevance work in Special Appeals?
What is a special appeal? Constitutional Amendment No. 125 of 2022 added paragraphs 2 and 3 to Article 105 of the Federal Constitution, which introduced a new requirement for the admissibility of a Special Appeal: relevance. However, before delving specifically into this new provision, we need to clarify, or recall, what […]
Appeals based on conflicting rulings: practical tips for filing this type of appeal.
The purpose of appeals based on conflicting rulings is to standardize the Court's understanding of the matter in question.
Special Appeal in practice: step-by-step guide to drafting the Special Appeal.
How does the Special Appeal work, which is judged by the Superior Court of Justice in cases distinct from the Extraordinary Appeal?
Civil Appeals in Practice: Types and Concrete Solutions
Learn more about the four types of appeals as means of challenging judicial decisions in the ordinary courts.
Resources: Learn the concept and types of appeals under the Brazilian Code of Civil Procedure (CPC/15).
The appeals system is one of the pillars of the Democratic Rule of Law. This is because, as is known, it is the responsibility of the state-judge to declare the law. The late Professor Arruda Alvim stated that the existence of appeals was based on the possibility of errors, inaccuracies, obscurities, omissions, or contradictions in judicial decisions. For the professor, the term "appeal" refers to [...]
Resources: Learn the concept and types of appeals under the Brazilian Code of Civil Procedure (CPC/15).
The appeals system is one of the pillars of the Democratic Rule of Law. This is because, as is known, it is the responsibility of the state-judge to declare the law. The late Professor Arruda Alvim stated that the existence of appeals was based on the possibility of errors, inaccuracies, obscurities, omissions, or contradictions in judicial decisions. For the professor, the term "appeal" refers to [...]