The Special Commission created to render opinions on the Legislative Bill no. 8046, of 2010, that is reforming the current Civil Procedural Code (CPC), revoking the Law no.5869, of 1973, and creating a new code, approved, on July 16th, the referred Legislative Bill (PL), as well as several relevant issues relating thereto.
The new CPC proposal was drawn up from a draft bill prepared by a commission of jurists. The main purpose of the changes in the current CPC which is in force since 1973, is to combat the sluggishness of lawsuits pending at the Brazilian courts.
Among the changes introduced by the proposal of the new CPC, stand out the following:
- The debtor ´s civil commitment. i.e., jailing for debt or nonpayment of alimony will initially be under semi-open conditions. The closed conditions will only be applicable in the event debtor ´s default persists;
- The person adversely judged in court can have his name included on a private bad payers (defaulters) track record if said person fails to comply with the payment obligations set forth in the decision;
- As a general rule, the lawsuits will be judged in chronological order of presentation at the courts, observing the rules relating to proceedings that have priority.
- The bill sets forth that several procedural acts be made by electronic means, such as the notification of lawyers by e-mail.
- The bill also contains procedures in the Maritime Law segment, such as general average adjustment;
- The interlocutory appeal was excluded from the proposal of the new CPC. The questions supporting such appeal must be presented as preliminary questions in the appeal;
- The text approved creates an appeal for a nonunanimous appellate decision, in lieu of an appeal against a nonunanimous appellate decision;
- The approved test created a provision designated “incident of resolution of repetitive claims” making that a decision be applied to other individual actions dealing with the same claim, similar to the general repercussion and binding precedent, existing nowadays.
The approved text will be voted in the House of Representatives Plenary Session and afterwards will be referred to the Senate.