How works the Special Federal Court
by Danilo Santana - Brazilian Writer
This article was translated by an automatic translation system, and was therefore not reviewed by people.
The first legislative step that made possible the birth of the Special Court was the Federal Constitutional Amendment 22/98 to introduce the sole paragraph of art. 98 of the CF, thus allowing the creation of Special Courts also in Federal Court.
Articles Laws 10259/01 and 9099/95, which establishes and regulates the special courts, include a list of practices, products, and represent an achievement of effective social relevance to enable the court to provide a quick and simple fact, regardless of the presence the lawyer, in some circumstances.
The process of the Special Court is guided by the principles of orality, simplicity, informality, procedural economy, speed, conciliation (Law 9099/95, art. 2), advertising (Law 9099/95, art. 12) and free in the first degree of jurisdiction, notwithstanding the sentencing of litigant declared in bad faith (Law 9099/95, art. 55).
The possibility of running at night time (Law 9099/95, art. 12), meets the principle of access to justice.
The rule that no act is invalid if no injury (Law 9099/95, art. 13, caput and § 1) binds to the principles of simplicity, informality and procedural economy.
The processes of Special Federal Courts jurisdiction of civil cases are those whose values do not exceed the discussion on 60 (sixty) minimum wage in cases where the Union, municipal entity or public company are interested in the federal requirement of authors, RES, assistants or opponents; the habeas data against an act of federal authority, among others, excluding the cases of power of federal courts.
Are excluded from the jurisdiction of Special Courts for bankruptcy actions, accidents at work and subject to the Electoral Justice and the Labor Court, the actions of foreign state or international body and municipality or person domiciled or resident in the country, the actions based on EU treaty or contract with foreign state or international body, the actions that require about indigenous rights, the shares of Warrant security, expropriation, of division and demarcation, popular, and for tax executions improbity administrative rights on the shares or interests diffuse, collective or homogeneous individual, the actions of the property, local and federal public foundations, the actions for the annulment or cancellation of federal administrative act, unless the nature of welfare and the launch of tax, and the actions that have the object to challenge the penalty of dismissal imposed on public servants or civil disciplinary measures applied to military personnel.
Therefore, especially since the observed limited to sixty (60) minimum wages should be prosecuted and tried by Special Courts pension actions, like those related to pensions, aid, disease, retirement of municipal employees or rurícolas even requiring medical expertise or unsanitary, hazardous or hard; actions relating to taxes, as anulatórias or repetition of indébito; the actions of public servants, for salaries and other entitlements, as well as for punishment, except to resign, the actions of compensation for moral or material damage, such as those relating to accidents involving vehicles of the Union, the federal public authority or company; actions relating to higher education, such as those concerning the registration, failures and transfers, the shares on the Financial System housing; actions relating to condominiums and rental property leased to the Union, municipality or federal public company, the bank shares, as the review of contracts with CEF, the proposed actions against professional advice, such as OAB and the Regional Council of pharmacy, etc..
It noted that the jurisdiction of the Special Courts is absolute (Article 3, § 3), ie the author can not choose to enter via Federal Court (competent to examine the causes whose value is more than sixty (60) minimum wages ).
It should be noted that the causes brought against the Union may be outside the judicial section where the author is domiciled, that where there occurred the act or event giving rise to the demand or where the thing is situated or, in the Federal District .
But we can not forget that in districts not included within the jurisdiction of Federal Courts of first instance, the actions of policyholders or beneficiaries of social welfare can be processed and adjudicated in the state justice (CF, art. 109, § 3), using the TRF (CF, art. 109, § 4), Special Court or the nearest (Law 10,259, art. 20).
Saving differences with respect to the Special Civil Court (state), the parties to the Special Federal Civil Court shall, in the active center, authors, individuals, and micro and small enterprises, such as those with annual gross income up to $ 720,000 , 00 (Law 10259/01, art. 6, I; Law 9317/96, art. 2), as Rés, the Union, municipalities, foundations and federal public companies.
The shares may not be unable, the prisoner, the bankrupt and insolvent civil (Law 9099/95, art. 8). The largest may be 18 years of copyright, regardless of assistance and may even compromise (Law 9099/95, art. 8, Paragraph 2).
The mandate to the lawyer of the author can be given orally, except for the special powers (Law 9099/95, art. 9, § 3; CPC, art. 38, second part).
The defendant, however, must designate in writing a representative to question, which may or may not be a lawyer (Law 10259/01, art. 10). The description should, by law, the allocation of power to reconcile, compromise and give (Law 10,259, art. 10, sole paragraph).
In the Federal Court Special litisconsórcio it is accepted, but not the intervention of third parties (opposition, naming the author, denunciação the deal, calling the procedure) and also is not allowed to care (Law 9099/95, art. 10).
When the author dies, his successors have 30 days to enable it, under penalty of revocation of the process (Law 9099/95, art. 51, V).
Similarly to what works in Justice policy, will always be required the intervention of the MP in the cases provided by law (Law 10,259, art. 11).
The process establishes itself with an oral request from the industry atermação of the Special Federal Court (as in the Labor Court) or the submission of written application, containing a brief indication of the identifying elements of the action (parties, events, motives , application, and indication of its value (Law 9099/95, art. 14).
It admitted the generic application when you can not immediately determine the extent of the obligation (Law 9099/95, art. 14, Paragraph 2).
It is also possible the formulation of alternative applications, and the aggregation of related requests, provided that the sum of claims not exceeding the limit of 60 minimum wages (Law 9099/95, art. 15).
The defendant is cited for the hearing of reconciliation and subsequent acts of the process. The service must be performed later than 30 days (Law 10259/01, art. 9).
It is mentioned in the person of the Chief Prosecutor or his Attorney-sectional (LC 73/93, art. 35, IV).
In cases of tax, they understood the nature of tax, it is the quote of the person of the Chief Prosecutor or the Attorney-sectional da Fazenda Nacional (LC 73/93, art. 36, III).
In the absence of these authorities, it is the quote in the person of any substitute (LC 73/93, art. 37).
Those subpoenas and notifications of the Union are in the person of the Prosecutor of Finance or the National Lawyer's Union, according to whether or not the cause of a fiscal nature.
The citation of authorities, foundations and public companies, is in the person of the most representative body in the jurisdiction where the action was proposed at the local office or any representation, otherwise the service should be done at the headquarters of the entity (Law 10259 , art. 7, sole paragraph).
The subpoenas of the entities are made in the person of the lawyers or the prosecutors made it official, personally or by post (Law 10259/01, art. 8, Paragraph 1). The notice of award, however, must be made to the entity by ARMP (acknowledgment of receipt in hand), unless made in hearing where his lawyer is present or Attorney (Law 10259/01, art. 8). The show supplies the lack of service (Law 9099/95, art. 18, § 3). No service by edict (Law 9099/95, art. 18, Paragraph 2).
It is effective to subpoena sent to the address specified by the author to omit the statement of changes (Law 9099, art. 19, Paragraph 2).
If the author does not attend either the meeting of conciliation or hearing of the inquiry and trial, ceases to be the case without trial of merit (Law 9099/95, art. 51, I), with its condemnation in costs (art. 51, Paragraph 2 of Law 9.099/95).
If the author called the hearing does not attend court ordered the termination of the process. The author may retable the same request on another occasion, and not suffer any penalty for failing to attend the other hearing.
If the defendant, duly served, did not attend the meeting of conciliation or the hearing of proceedings and trial, presumed to be true the facts alleged in the original application, unless the contrary result from the conviction of the judge (Law 9099, art. 20).
Without reconciliation, the same opportunity (Law 9099/95, art. 27), or on another date, known to one of the 15 subsequent days (Law 9099/95, art. 27, sole paragraph), is held the hearing on investigation and trial. At this hearing the defendant shall submit the dispute, either orally or in writing.
Special Federal Court in the picture there is the procedural claim, but the defendant may make counter-claim, since based on the same facts that constitute the object of controversy (Law 9099/95, art. 31). In this case, the author can provide immediate response or request the appointment of new date for the continuation of the hearing (Law 9099/95, art. 31, sole paragraph).
Is heard at the hearing the parties, pick up the evidence and the judge gives the verdict (Law 9099/95, art. 28). The incidents are decided to plan for interlocutory decisions, or in the sentence (Law 9099/95, art. 29). In general, the production of documents does not cause the interruption of the hearing, and the ruling party is just about the same (Law 9099/95, art. 29, sole paragraph).
The evidence is produced at the hearing and trial of education (Law 9099/95, art. 33). It is not necessary therefore that the author submit their documents to make the request. Law requires the defendant to a duty to provide the documentation that has, until the installation of the hearing (Law 10259/01, art. 11).
Each party may lead to hearing the witnesses, limited to three (3), regardless of subpoena. However, the party may request the subpoena, since to do so at least five days before. Only the intimidated witness can be led to the coercive presence of the judge (Law 9099/95, art. 34).
To make a technical examination, the judge shall appoint person who will submit the report until five days before the hearing (Law 10259/95, art. 12). Apply to the technical reasons for the impediment or suspicion of the judge (CPC, art. 138, III). Their fees are anticipated to account for the Court's budget. Unsuccessful in the public body concerned, its value is included in the payment order for the Court, has thus reimburse the expenditure (Law 10259/95, art. 12, Paragraph 1).
In actions relating to pension and social assistance, with description of the technical examination, the parties shall be summoned to in 10 days, submit questions and indicate assistants (Law 10259/95, art. 12, Paragraph 2).
The test consists of oral testimony of the parties, statements of witnesses or expert information. Need not be reduced to writing, the sentence should be noted, in essence, the information provided (Law 9099/95, art. 36).
The award, which is exempted from formal report should be motivated and contain a summary of the relevant facts occurred at the hearing (Law 9099/95, art. 38).
If the judge finds the lack of procedural prerequisite or condition of the action, the sentence is merely expired, to cancel the process without examining the merits.
Conviction is not allowed in gross amount (Law 9099/95, art. 38, sole paragraph). On the value of which exceeds 60 times the minimum wage (Law 9099/95, art. 39) at the date of commencement of action, the sentence is ineffective. This limit will be excluded, however, interest accrued during the process and the monetary adjustment.
The Special Court is responsible for the implementation of its decisions, which takes place after its transit in judged by applicant, written or verbal (Law 9099/95, art. 52, IV). Art. 52, IV, of Law 9099/95, new exemption for the service implementation.
The calculations may be needed, for example the conversion of indices and attorney fees of the incumbent process server (Law 9099/95, art. 52, I and II).
Delivered in the final sentence in cash, the judge order the payment to the authority cited for the cause, which shall, within 60 days, deposit the importance to the court, the agency closest to the CEF and Banco do Brasil .
In cases of claims from the decisions of the Federal Special Court, up to 60 minimum wages, are not assuming fractionation is required to precatory, as provided for in art. 100, § 3, the CF. The failure of the decision authorizing the sequestration of the cash equivalent (Law 10259/01, art. 17, Paragraph 2).
Assuming that it was obliged to do, or do not deliver right thing, makes it through the implementation of the letter to the judge for cause, with a copy of the ruling that dismissed or transferred in the agreement (Law 10259/01, art. 16).
However, in any form of execution, the embargoes fall run, which may claim invalidity or lack of service in the process, it went by default; miscalculation, over-enforcement or prevent any cause, modified or terminated, provided that the surviving sentence (Law 9099/95, art. 52, IX).
Within 5 days from the science of decision may be brought declaratory embargos, oral or written, or ruling that the sentence contains obscurity, inconsistency, omission or course (Law 9099/95, arts. 48 and 49). However such embargoes lift (not interrupt) the period for bringing another appeal, when made against sentence (Law 9099/95, art. 50).
In decisions of the Special Federal Court review is not necessary, even if the sentence is contrary to the State (Law 10259/01, art. 13). The decision is unappealable homologatória transaction (Law 9099/95, art. 41).
Against the ruling, except homologatória of conciliation, it is voluntary action, within 10 days, from the science of decision (Law 9099/95, arts. 41 and 42). The appeal should only be brought by petition, signed by counsel, with exposition of the reasons for non compliance and request for cancellation or retirement of all or part of sentence.
The appeals ruling or decision of the presiding judge of the Court are heard by a Class, consisting of 3 federal judges, in exercise of jurisdiction in the first degree (Law 9099/95, art. 41, paragraphs 1 and 2 and 42) established by the Federal Regional Court, which will have defined its composition and competence, may cover more than one Section or State (Law 10,259, art. 21).
The resources have effect only unoccupied, however, to avoid irreparable harm, the judge can give you suspensive effect (Law 9099, art. 43).
Brought the appeal, the party has within 48 hours to, regardless of notice, to perform the preparation, under penalty of desertion (Law 9099/95, arts. 42, Paragraph 1, and 54, sole paragraph).
The part that was granted the benefit of legal aid (Law 9099/95, art. 54, sole paragraph), the Public Ministry, the Union and the municipalities (CPC, art. 511), are exempted from the preparation (advance of costs).
After preparation, calls itself the defendant to provide written response within 10 days (Act 9099/95, art. 42, Paragraph 2). The lack of preparation determines the desertion of the appeal, unless evidence of fair impediment (CPC, art. 519).
Special Courts in the prediction of no adhesive use, so in case of sucumbência each other, each party must bring its action.
The parties must be notified of the date of the meeting of the appeal trial of the Class (Law 9099/95, art. 45), with at least 48 hours (CPC, art. 552, § 1). No oral support. The applicant, if unsuccessful, will pay the costs and attorneys' fees, they set between 10 and 20% of the costs, if any, or the inflation adjusted value of the case (Law 9099/95, art. 55).
Does not require the drafting of ruling. Just as the ata record sufficient indication of the process, reasoning and short device. The award may be confirmed by their own reasons (Law 9099/95, art. 46).
Special Courts in federal, Lei10.259/01 governed by the uniformity of law has the nature of appeal, and is similar to bans of divergence. The loser may make application for uniformity, leading to the pronouncement of the competent organ, however, standardization is limited to matters of substantive law (Lei10.259/01, art. 14, caput).
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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