Brazil is a federal state that is governed through a federal system of governance. The Federal Constitution, which came into force on October 5, 1988, outlines the several courts that make the whole justice system in the country. These courts are created based on different criteria like the number of judges and the subjects each can handle.
Is mediation regarded as an option for parties?
There is no law that makes it mandatory for parties to go through mediation or conciliation or other methods of resolution before presenting the lawsuit. The current CPC is open and allows the parties involved in a case to arrive at a solution before moving to the evidence phase and judgment.
At any time, the parties involved in the case may engage in negotiations in a bid to settle the case amicably. Under the system, if the parties deem it fit to use amicable methods to settle their case then they must state if they intend to use this method of settlement.
Enforcing a foreign judgement
Like it is provided for in the foreign arbitration award, the Superior Court of Justice shall be responsible for sending a confirmation of the foreign judgment, either through the Homologatation of Foreign Judgment as provided for under the constitution.
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