File a Lawsuit in Brazil for Free

Filing a lawsuit comes with costs. Aside from attorney fees, there are court fees. After all, you’re paying for a public service. But in Brazil, there are exceptions to everything, and in this case, court fees can be easily waived.

It’s referred to as justiça gratuita, and it’s provided to Brazilian or foreign individuals and legal entities that don’t have the financial wherewithal to pay for the costs of filing a lawsuit. It also covers related expenses.

For example, think of an employee who struggles to make ends meet at the same time that his employer owes him for overtime. If he sues the company, he may be eligible for justiça gratuita.

While it’s most common in employment litigation, justiça gratuita is also applicable in civil cases. Family law is also a great example. Imagine a spouse who’s ordered to take a paternity test yet doesn’t have the funds to pay for it. The court could cover the costs of the test.

A litigant can request justiça gratuita by petitioning the court. And while judges generally don’t inquire into whether parties actually have the financial means to pay, it’s always beneficial to attach an affidavit of financial need as supporting evidence.

Justiça gratuita is there to help people who are in need, although it won’t help in certain situations. For example, it doesn’t cover court sanctions and it won’t absolve a losing party of its obligation to pay the winning party’s legal fees. Now collecting, well that’s another story.