In such a commercial contractual claim, the plaintiff must prove that the other party breached a particular provision of the contract, that it did not justify the breach, that the breach was not remedied and caused or is causing damage to the claimant, and that the breach must be remedied by the other party through its specific performance or compensation. In particular, if the claimant initiates enforcement proceedings in order to demand without delay the concrete performance of the obligation or the payment of an amount specified in the contract (e.g. a contractual penalty), he must also prove that the contract meets the legal requirements of an extrajudicial enforcement title and that the obligation or amount is safe, liquid and recoverable. This evidence is usually provided by the disclosure of the contract to the court. If written in a language other than Portuguese, the document must be translated into Portuguese by a translator certified in Brazil. If the document was issued abroad, it must also be notarized and, in the case of an apostille, the signature of the notary must be legalized by a competent authority or certified by a Brazilian consulate if the document comes from a country that has not signed the Hague Convention of 5 October 1961 on Exemption from Legalization of Foreign Public Documents. If required by law, the applicant must also register the contract with the competent body of the Registry of Deeds and Documents in Brazil. Gasparini, Nogueira de Lima e Barbosa Advogados carries out a wide range of litigation work involving civil, commercial and administrative litigation. The team manages a significant workload with insurance claims, unfair competition issues, environmental lawsuits, infrastructure disputes and loan collection. Pedro Paulo Wendel Gasparini has extensive experience in dispute resolution and advises clients on litigation, arbitration and compliance issues. Maysa Abrahão Tavares Verzola is frequently hired by investment funds, dealers and financial institutions. Civil law claims arising from consumer, tort and insurance law are central areas of activity of Ana Lygia Tannus Giacometti. The statute of limitations for civil actions varies by jurisdiction and depends on the nature of the claim made.
These periods are generally between one and six years, but may be longer depending on the applicable national law and the claim concerned. Under Mexican law, the statutory limitation period for civil actions is ten years from the date on which an obligation can be performed. There is a limitation period of five years, normally (but not always) from the date on which the claimant knew or should have known the facts giving rise to his claim. Five years is the general statutory limitation period for filing civil and commercial claims, but different time limits may apply depending on the procedure. It is important to note that while the distinction is sometimes unclear, recognition and enforcement have different meanings. Once a foreign arbitral award has been recognized in Brazil, it begins to have the same effect as a domestic award. Enforcement, on the other hand, refers to the coercive measure so that the arbitral award produces its legal effects in Brazilian jurisdiction. Joaquim T. de Paiva Muniz & Ana Tereza Palhares Basílio, Arbitration Law of Brazil: Practice and Procedure (Juris Publishing, Inc. 2006), p.
172. At the other end of the spectrum, Brazilian courts are striving to assert their role as an appropriate and specialized venue for wealthy private parties to litigate complex cases, as a viable alternative or qualified predecessor to arbitration, and not just as a forum to adjudicate small, repetitive claims. The general limitation period for civil actions is three to five years, depending on the nature of the claim. Private competition lawsuits are not common in Brazil, although the volume of claims is increasing. The allegations are usually supported by a CADE`s conclusion that there was a cartel. In some cases, however, courts have ruled differently than CADE on whether there has actually been a violation. The Brazilian judicial system is divided into federal courts, including ordinary and special courts for specific matters, such as labor claims, and state courts. Federal and state courts operate on a two-tier system with trial courts and local courts of appeals. In counties where there are several courts of first instance, they may have administrative jurisdiction depending on the subject matter of the proceedings, such as criminal, civil, corporate, social security and tax law. There is a trend towards the creation of more specialized courts in these countries, particularly in corporate law and related matters, building on the good results of the economic courts in São Paulo and other similar initiatives (e.g. the economic courts in Rio de Janeiro). In the search for new solutions to deal with mass litigation in Brazil, the principles called by Brazilian lawyers „structural disputes” represent a possible way to successfully manage complex collective disputes involving various stakeholders.
Lefosse Advogados „employs a group of lawyers who, in addition to the quality and knowledge of the work, respond directly to all the needs of the clients”. The team is well positioned to guide international clients through complex litigation in Brazil and to represent domestic clients in a range of claims, including class, commercial and corporate disputes. Pedro Maciel specializes in litigation and arbitration, assisting clients in the energy, construction, banking, telecommunications and mining sectors. He has significant support from Raphaël Nehin Corrêa, who is particularly familiar with insolvency and insolvency cases, and Márcio Opromolla, whose experience in contractual, commercial and corporate disputes spans twenty years. The team has recently been strengthened by the arrival of Diogo Ciuffo Carneiro de Bichara Advogados in May 2021; He brings extensive experience as a litigator. In general, statutes of limitations are not applied to civil actions in Saudi courts because, under Sharia law, a claim is not voided due to the passage of time. However, there are some exceptions where certain laws impose a statute of limitations, such as maritime commercial law, chamber law, and labor law. The gaps and difficulties faced by lawyers and courts in more than 35 years of experience in Brazilian class actions have led to various bills aimed at improving the legal framework for class actions and increasing efficiency in reducing repetitive litigation. The most recent bills – No. 4441/2020, No.
4778/2020 and No. 1641/2021 – are currently before Congress. MAMG Advogados specializes in dispute resolution and has outstanding experience in the prevention and resolution of administrative and judicial disputes at national and international level.