Something every lawyer needs to know is the importance of always paying attention to case data. This also means being aware of important changes regarding procedural acts in the New Code of Civil Procedure (CPC).
With the changes introduced by the new Brazilian Code of Civil Procedure (CPC), legal professionals need to relearn about so-called procedural acts. Therefore, paying attention to the changes in the 2015 CPC means the difference between success and failure in a case.
With this in mind, we have compiled the main information about Procedural Acts in the New CPC and what Law 13.105/2015 stipulates. This way, you can ensure that your clients' substantive rights are not at risk.
Keep reading so you don't miss any information!
1. What are procedural acts?
Before we discuss the changes brought about by the CPC/2015, let's remember exactly what procedural acts are.
In short, procedural acts are the actions taken during a legal process . They include petitions, actions, appeals—in other words, the movements that drive the process forward and produce legal consequences.
Procedural acts exist to initiate, modify, continue, or even terminate a legal process. They can be expressed both orally and in writing. However, if done orally, it must always be reduced to writing.
It is very important to understand how the rules work, because when the legal requirements for carrying out these acts are not followed, they can be invalidated. And consequently, the entire process.
Regarding the timing and location of procedural acts, it is important to note that these are defined based on the specific needs of each type of act. Therefore, jurisdiction, for example, or procedural deadlines, depend on the type and nature of the act.
The 2015 Code of Civil Procedure reiterated the Procedural Acts and preserved what the previous code contained. However, some changes were made aiming, through the process as an instrument of the State, to guarantee the harmony of society.
In the following sections we will discuss these changes, so please continue reading.
2. Requirements for procedural acts under the New Code of Civil Procedure
The new Brazilian Code of Civil Procedure (CPC) establishes three requirements regarding how procedural acts should be conducted . These are:
- Article 188 of the New Code of Civil Procedure provides for freedom of form. This means that, except when expressly required by law, acts may be conducted in any form, provided they fulfill their purpose. Always observing, of course, their essential requirements.
- The new Brazilian Code of Civil Procedure (CPC) provides in article 189 for the publicity of procedural acts. Therefore, any person can have access to them, except for those proceedings that are confidential, in which only the parties and their lawyers can consult them.
- It also stipulates, in article 192, the mandatory use of the Portuguese language. Documents in a foreign language are only accepted when accompanied by a version in Portuguese, obtained through diplomatic channels, a central authority, or a sworn translator.
As we have already discussed, it is extremely important that procedural acts are carried out in accordance with the new Code of Civil Procedure, as well as the Federal Constitution. Therefore, it is necessary to pay attention to the requirements to avoid possible defects and nullities in the process so that the case can proceed.
3. Procedural acts of the parties
Procedural acts can be performed by the parties to the process, namely: the judge and court officers. The acts of the parties can also be unilateral or bilateral.
They are defined as declarations of intent that generally produce the immediate effect of establishing, modifying, or extinguishing procedural rights . The exception is the withdrawal of the action, which only takes effect after its approval.
It is important to emphasize that withdrawing a lawsuit is a unilateral act when it occurs before the defendant files a response, and a bilateral act when it occurs after the response, as it depends on the defendant's consent.
4. Procedural acts of the Judge
The procedural acts performed by the judge pertain only to their pronouncement. However, there are other acts that the judge performs during the course of the proceedings, which are divided into three groups:
Offices
Routine procedural orders are those acts performed in the proceedings, either ex officio or at the request of a party, and for which the law does not establish another form. These acts are not subject to appeal; there is no recourse against them, except for partial correction.
Interlocutory decisions
It is an interlocutory decision by which the judge, during the course of the proceedings, resolves an incidental issue, and therefore the appeal is made through an interlocutory appeal. It can also be defined as a pronouncement of other decisions, which are not considered a final judgment.
Sentences
The judgment is an important act of the judge which implies a decision on the merits of the case, and the appealable remedy is an appeal. The judgment is the pronouncement that concludes the cognitive phase of the process.
5. Procedural acts in the New CPC
We can conclude, then, that procedural acts are those legal acts performed within the process that lead to a final decision . They must follow certain procedures, otherwise the procedural relationship becomes ineffective.
As mentioned above, it is extremely important that procedural acts are carried out in accordance with the New Code of Civil Procedure and the Federal Constitution. Furthermore, it is crucial to always be attentive to the requirements of these acts to avoid any potential defects and nullities.
For professionals who wish to delve even deeper into the New Code of Civil Procedure and become specialists in the field, pursuing a postgraduate degree in Civil Procedural Law is a great option to become a top-level professional!
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