New Brazilian Code Of Civil Procedure

Rules established by the parties regarding judicial proceedings

The New Brazilian Code of Civil Procedure, which will come into effect on March 17th, 2016, will allow parties to a lawsuit to agree upon changes in the judicial proceedings, before or during the course of a lawsuit, in cases dealing with alienable property rights (Articles 190 and 191 of the New Brazilian Code of Civil Procedure).

This provision is inspired by the arbitration practice, where parties usually are able to establish the rules applicable to the proceedings, and has the purpose of allowing the procedure to be adjusted to the specific characteristics of each case.

Pursuant to Article 190 of the New Brazilian Code of Civil Procedure, parties may agree upon specific rules to govern the proceedings, including rules on burden of proof. To encourage the implementation of the rules established by the parties, the New Brazilian Code of Civil Procedure provides that judges can only refuse to apply the rules in specific cases (nullity of rules, improper insertion in adhesion...