Small Claims Courts in Brazil
Individuals and small companies seeking to resolve non-complex legal disputes can turn to small claims courts, or Juízados Especiais (JEC), in Brazil. They offer faster resolution compared to typical litigation, which can last for years. But not all matters can be brought in small claims court in Brazil.
Small claims courts have jurisdiction to hear cases with claims valued at up to 40 times the minimum wage. Currently, that’s BRL$52,800 or approximately US$10,700. Self-represented litigants, however, are limited to claims valued at half that amount. Anything above 20 times the minimum wage requires representation by a lawyer.
Interestingly, a litigant can be represented by a lawyer regardless of the value of the claim. But if one party has legal representation and the other doesn’t, the court must make available a lawyer for the unrepresented party.
What types of cases can be brought in small claims court? The most common are small civil matters, consumer disputes, car accidents, and landlord-tenant disagreements. Workplace accidents, as well as family law, estate law, and bankruptcy cases, can’t be heard in small claims court.
Filings are made in person or online, making it relatively easy to start a case. The local court website may even have a template for the petition. While the court encourages parties to negotiate settlements, disputes are heard by a judge if no agreement is reached.
Ultimately, Brazilian small claims courts offer an accessible and efficient way to resolve smaller-scale legal disputes, providing an alternative to the traditionally long and complex legal process.