Civil Litigation Practice in Brazil

John is joined by Júlio César Bueno, Partner and Head of Litigation at Pinheiro Neto Advogados, one of the most highly regarded law firms in Brazil. Júlio explains some of the unique characteristics of the Brazilian civil justice system, including the ability of lawyers to have ex parte communications with the judge and the severe limits on pretrial discovery. They discuss the burdens imposed by Brazil’s enormous docket (over 83 million pending cases) on the system, including the lengthy delays, the extremely short time allocated for oral argument or witness examination and the resulting importance of winning cases through written submissions. They also discuss how these burdens have led to an increase in arbitration, particularly in infrastructure and merger and acquisition disputes, as well as the increasing digitalization of the entire court system. Finally, Júlio explains that disputes over mergers and acquisitions, corporate shareholder disputes and environmental litigation are the most rapidly growing areas in Brazilian civil disputes.