Clipping of news on Brazilian Culture, Law and Citizenship
12/17/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Proposed changes to the main text should be voted on Wednesday.
Code is intended to give more speed to the trial of civil actions.
Priscilla Mendes
G1, in Brasilia
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After five years of debate, the Senate approved on Tuesday (16) the project's basic text establishing the new Civil Procedure Code. For the text to be sent to sanction the president, the House still have to analyze highlights 19 (amendments), which may occur in the session on Wednesday (17).
The main objective of the new code is to give more speed to the trial of civil actions. Among the innovations are approved the trial of causes in chronological order; the conciliation hearing early in the process, to try to agreement and avoid opening action; the penalty fee for those who come with many features followed; and determining that higher courts decisions should guide similar cases.
The project is the initiative of Senator José Sarney (PMDB-AL) and was prepared by a committee of jurists headed by the Minister of the Federal Supreme Court (STF) Luiz Fux, who accompanied the vote on the Senate floor.
The text had already been approved by the Senate in December 2010 and the House of Representatives in March 2014, but due to changes introduced by deputies, had to return to the analysis of senators.
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House approves final draft of the new Civil Procedure Code
Understand the changes under the new Code of Civil Procedure
The Civil Procedure Code currently in force has nearly 40 years - is January 1973. The code is a set of laws that determines the rites of Justice, as deadlines, skills and formalities. It is different from the Civil Code - updated in 2002 - defining issues such as child custody, divorce, will, property and debts.
On the last day 4, the Rego Vital senator's report (PMDB-PB) was approved in a symbolic way by the special commission set up to consolidate the changes made by Members. Approval generated PSDB leader of the protest, Aloysio Nunes (SP), because the session of the Commission had the presence of only two senators.
At the request of Aloysio Nunes, party leaders agreed to vote on Tuesday only the basic text and leave the next day the assessment of the highlights.
The rapporteur Vital do Rego, with support from DEM and PMDB, even proposed the block vote of all the changes that had favorable opinions, but could not unanimously supported by all leaders.
Opponents Aloysio Nunes and the leader of the PT, Humberto Costa, pressured by the highlights of the vote postponed to ensure more time for analysis of the items.
"You see how the world is facing. I and Senator Humberto Costa're together in that order, "said the toucan, to laughter.
The Minister of STF, Luiz Fux, took the podium from the floor to defend the text. According to the magistrate, the current code "needed to be simplified." "Brazil consecrated unbridled litigation preventing the courts desincumbissem of their actions," he said.
To the minister, the main contribution of the new code is discouraging to resources and the simplification of procedures, which, he said, will decrease by 50% the length of proceedings.
"Greatly simplified the procedures, which will make the duration of the process is reduced about 50% of the time it takes today to obtain a judicial response. Sought to eliminate certain formalities, a number of resources that much postergavam the possibility of a judge give the answer in a reasonable time, "said the magistrate.
See below the main changes of the new Civil Procedure Code, as basic text approved by the Senate - where highlights are subsequently approved, some points can be modified.
alimony
Passes from three to ten days the deadline to pay pension debt. In the case of non-payment, the debtor shall be imprisoned first in semi-open regime for up to three months when you can leave the prison day to work. If relapse in debt, goes to the closed regime. Provides mandatory separate cell in both cases and if there is no possibility stipulates house arrest.
Repossession
Determines a public hearing to hear all sides before deciding on the reintegration when the place is busy for more than 12 months.
Business
Creates restrictions for companies cash pledge to ensure continued operation - limited to 30% of revenues. Also requires that judges hear entrepreneurs before confiscate individual property to pay debts of the companies related to the fraud.
chronological order
By rule, the judges will have to try cases in the order of arrival. This will prevent new shares to be tried before old.
conciliation
It provides that the conciliation shall take place in early civil claims.
means
The text provides for a fine to the parties if the judge finds that the resource is used as a way to delay the end of the action. Removes the possibility of an interlocutory appeal to intermediate decisions (on evidence, skills, etc.). Ends with the infringing embargo, if not unanimous decision, but provides that the case be re-evaluated by another composition.
repetitive actions
Provides that the decision to apply to multiple individual actions concerning the same subject. Among the actions that can benefit are lawsuits against health plans and telephone companies. In such cases, all first instance of shares will be halted until appeal a decision.
Class actions
Another novelty is that individual stocks can be converted into collective action. Rather, the parties will be asked whether they accept the conversion process.
Binding decisions
Currently, only the binding precedents of the Supreme Court must necessarily be followed by other courts. The text provides that judges and courts must necessarily follow Supreme plenary decisions in constitutional matters and the Special Court and sections of the Superior Court of Justice (STJ) in other subjects. If there is no decision of the higher courts, the first instance must necessarily follow the second instance.
injunctions
Creates the call tutelage of evidence, which allows the court judgment skirt already in preliminary order to ensure an urgent law or if there understandings signed by superior courts.
Source: G1
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This article was translated by an automatic translation system, and was therefore not reviewed by people.