Brazil Counsel

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Brazil’s Secret of Justice

Segredo de justiça, which is literally defined as “secret of justice,” is a legal concept under Brazilian law that protects the confidentiality of parties involved in lawsuits. It seeks to ensure that sensitive information remains private and to prevent undue harm to the parties, their reputation and their privacy. In some ways, it’s similar to filing a matter “under seal” in the US.

Traditionally, segredo de justiça has been most common in family law cases involving children or personal relationships. In these types of disputes, it prevents the unnecessary exposure of sensitive family matters to the public eye, maintaining the dignity and respect of those involved.

Recently, however, segredo de justiça has become increasingly prevalent in labor lawsuits. While this may seem unconventional, many employees seek to preserve their professional image in the job market and before potential employers. By keeping the details of labor disputes confidential, employees can minimize the impact of these legal issues on their future career prospects.

Cases under segredo de justiça pose a challenge to public transparency, though, as only the parties, their legal representatives and the presiding judge have access to the case information. This makes it difficult for anyone outside these circles to know the specifics of a case or even be aware of its existence.

Balancing the need for transparency while protecting the right to privacy of individuals in legal disputes isn’t easy. However, Brazil's legal system will no doubt continue to adapt to ensure that the rights of all parties are considered and the integrity of the judicial process is maintained.