Government sanctions the new Civil Procedure Code

Posted in Brasil

Changes deadlines approach, conduct and skills. These include the conciliation before the start of all actions and the appreciation of the electronic process

President Dilma Rousseff signed the new Civil Procedure Code (CPC) in the last 16 days, Monday.

During the event, President Dilma exalted the quest for speedy trial, maintaining the wide right of defense. According to her, with the installment, or gratuity of judicial desepesas, there is an increased access to justice.

“More justice for all in a country that is becoming fairer and more equal for everyone, is something essential. This new code is identified with the demands of a new country, which now has in recent decades a more demanding people, more aware of their rights, “said Dilma.

The president also thanked “collaborative lawyers, jurists and civil society” and said that this intense participation gave birth to a modern and coherent text.

“This decision and this initiative prolonged intense and fruitful discussions. By providing the joint action of the three branches, resulting in a final text with high margin of consensus,” said Dilma.

Besides the president, also spoke Paulo Teixeira, who was rapporteur of the Civil Procedure Code in the House of Representatives; Minister of Auditors of Vital do Rego Union, which was also rapporteur of the bill in the Senate; Minister Supermo Federal Court Luiz Fux, who is chairman of the lawyers; and the Justice Minister José Eduardo Cardozo.

Paulo Teixeira stressed the fact that this was the first Code of Civil Procedure adopted in democratic period and reminded the previous projects, 1939 (Estado Novo dictatorship of Getúlio Vargas) and 1973 (military dictatorship which lasted until 1985).

In his speech, Mr cited requests for the return of military dictatorship, carried out during the demonstrations last Sunday (15), and classified the act as “unacceptable”.

Teixeira said that “the judiciary can not be more delay locus” and said that from now on, you will see “a new way of resolving conflicts in Brazil, mediation and conciliation.”

Have Rego Vital cited the shortcomings of the old code (1939 and 1973) and also praised the fact that the new code be drafted in the first democratic period.

He said the CPC is a “nice monument” and was written by all sectors of civil society. Rego cited some of the improvements, as accounting for procedural time on weekdays and the recess for rest of lawyers. “We are facing a work of the entire Brazilian nation, colored by the Citizen Constitution,” he said.

Taking the word, Luiz Fux praised the fact that 80% of the suggestions of society were accepted and cited that the judiciary felt prevented from submitting an agile justice. “It’s a code of Brazilian society, we hear all segments,” he said.

According to the minister of the Supreme Federal trbunal, among the problems faced by lawyers, are excessive formalities and resources. Fux said that the development of the new CPC prioritized the right to legal defense and sought to prevent the resource to become “a judicial adventure”.

The Justice Minister José Eduardo Cardozo, underscored the fact that, just as life, legislation should also be adjusted. According to him, “we now have a balanced code” that balances speed of the procedure and the broad right of defense.

Popular demonstrations and political reform

Also in his speech, the president praised the popular manifestations and reaffirmed the democratic right of these events. “As the polls reflect the will of the nation, the streets are the legitimate place of peaceful mass demonstrations in all its shades and all its tendencies. Therefore, the government listens and still hear the demonstrations in the streets,” said .

Citing the demonstrations, Dilma recalled that the population calls for the fight against corruption and said the federal government will introduce measures to combat such practices.

“In the coming days, as promised in the elections, will announce a series of measures aimed at combating corruption and impunity. We will be open, of course, listening to the whole society for taking other measures,” said the president.

Dilma also mentioned that the events of recent years point to the need for a broad political reform and reaffirmed find fundamental order of business financing for elections.

“We need to change the basis of our current political system, and anachronistic, is one of the main causes of corruption in the country,” he said.

International economic crisis

Dilma reiterated that his “government has responsibility for the stability of the economy” and detailed the measures taken in recent years to mitigate the effects of interncional economic crisis did not affect Brazil.

According to the president, the measures taken (exemption of taxes and subsidies and economic subsidies) are exhausted. “Now there are no more resources to continue doing it. We need to make adjustments and corrections to keep growing,” he said.

“We will make the necessary adjustments, talking with everyone, but have no doubt that they will be made in defense of all Brazilians,” said Dilma.

Democratization

After his speech, President Dilma celebrated 30 years of democracy and paid tribute to those who fought against the dictatorial regime and recalled the persecution, imprisonment and torture he was subjected.

“My tribute to those who contributed to the restoration of democratic freedoms is wide open and there is no distinction: I thank the OAB, to lawyers, to academics, to intellectuals, artists, religious, social movements, the militants of legal political parties and organizations proscribed by repression, “said the president.

. “Many of my generation gave their lives so that the people could at last take to the streets to express Yesterday, when I saw hundreds of thousands of citizens manifesting through the streets of several Brazilian cities, could not help but think: was worth fighting for freedom, it’s worth fighting for democracy, “he added Dilma.

Check out the main points of the new Code of Civil Procedure:

Agility

Repeated causes: Lawsuits with the same goal can be judged only once by a court, which will send the decision to apply to all cases.

The repetitive demands of resolution instrument will bring speed to thousands of such claims against banks, utilities (light and telephone), Security and FGTS.

Limits to resources: To avoid that resources continue to be instruments to postpone the end of the process, in order to delay payments or fulfillment of other obligations, the new CPC extinguished some of these mechanisms, other limited and costly to the appeal stage (there will be payment Honorary also at this stage, in addition to fines when the parties to refer only to delay the decision).
Transparency

The actions will be judged in chronological order of completion, except in urgent acts and legal preferences, getting the list of processes available for public consultation. The judges will still be required to detail the reasons for their decisions, just not transcribe the legislation that supports the sentence.

Fewer conflicts

People will be called by the court to participate in preliminary hearings to try agreement. For this, the courts will be required to create judicial conciliation and mediation centers, with specialized professionals.

In general, there may also be agreement on process procedures such as calendar setting or hiring expertise.
Family Actions

Agreement: the judge should have the other areas of professional aid for maximum ease the reconciliation in divorce proceedings, membership, child custody and other family issues. The audience will be divided into as many sessions as necessary to facilitate consensus, without departing from the measures to prevent the loss of rights.

Abuse: in cases related to abuse or parental alienation, had specialized in making child’s testimony or unable becomes mandatory.

Prison: the closed prison for the debtor’s pension is maintained, but now with the guarantee that you will be separated from ordinary prisoners.

Guarantee for creditors

Is maintaining the current rule that allows blocking and early attachment (before sentencing) of money, resources and other applications debtor’s assets, to ensure third-party credit payment.

The novelty is that, to ensure the execution of the sentence, the judge may order the inclusion of the name of the debtor in default registrations.

Impacts on companies

Legal personality: the new Code will define procedures for piercing the corporate veil of societies, as may be adopted in cases of abuse and fraud.

Thus, administrators and partners respond with their property for damage. Today the judges make use of jurisprudential guidelines still considered incomplete.

Intervention: Out of the final text, in the last moment, rule that attributed to the judges power to determine judicial intervention in companies, to enforce a sentence with the obligation to fulfill.

Achievements for lawyers

Fees: Public lawyers will receive, in addition to the salary, fees when they get success in any cases. Future law will define conditions and payment.

The liberals lawyers, actions due to the Treasury, will now have fee scale according to tracks on the value of the conviction or economic advantage. The fees will be paid at the appellate level.

Annual rest: For lawyers have holidays and do not miss deadlines, the processes are suspended between 20 December and 20 January.

During this period there will be no hearings or trials, and kept other activities exercised by judges, prosecutors, Public Defender and Public Advocacy and the services of auxiliary Justice.

Social participation

Will be regulated the intervention of amicus curiae in controversial and relevant causes, to contribute with their expertise in the matter under review, in defense of public institutional interest.

It may be a person, body or entity that has knowledge or representation in the discussion. Participation may be requested by the judge or reporter or be accepted by them, from request of the parties or even those who want to manifest.

Fonte: Portal Brasil, com informações da Agência Senado