When Words Matter

In law, words matter. In drafting contracts, for example, precision is the ultimate goal. Details make a difference and can impact how a contract is later interpreted by a court. Skip a comma or misuse a word and the entire meaning of what you’re trying to say can change.

The same is true for litigation. When filing in court, lawyers need to understand key legal terms and explain to their clients how these words differ from one another.

A perfect example relates to deadlines in Brazil. The words interrupção (interruption) and suspensão (suspension) may sound the same, but in fact they have significantly different meanings under Brazilian law. And their impact on a case can vary greatly.

Interrupção means that the counting of a deadline stops and will restart from the beginning after a particular event. For example, filing a petition requesting clarification of a judgement interrupts the deadline for filing an appeal.

Suspensão, however, means that the counting of a deadline merely pauses and will resume after a particular event. In this case, the counting continues from where it left off. An example of the suspension of deadlines is when courts go on holiday at the end of the year.

Paying careful attention to legal terms can be the difference between winning and losing a case in Brazil. As we’ve said in the past, deadlines in litigation matter. But if you don’t know the fundamental difference between words like interrupção and suspensão, you might just end up missing your deadlines.