Small Claims Court - Small-claims Courts in Brazil

Small-claims Courts in Brazil

Small claim courts in Brazil were established by Law No. 9,099/1995 and Article One of such law states that they shall be organized by both Federal Judiciary and State Judiciary. Therefore, there are Federal Small Claim Courts (single noun Juizado Especial Federal), as well as Small Claim Courts which belong to a State's Judiciary structure. The Small Claim Courts that belong to a State's Judiciary are subdivided into two types of courts: the Special Civil Court (Juizado Especial Cível, shortened as JEC) and the Special Criminal Court (Juizado Especial Criminal, shortened as Jecrim). Under Article Three of Law No. 9,099/1995, Civil Claims involving an amount up to 40 (forty) monthly minimal wages or R$ 24,880.00 (October 2012), which correspond to roughly US$ 12,440.00, may be filed before a Special Civil Court, as well as small claims involving landlords and some claims set by Article 275, II, of the Code of Civil Procedure. Special Criminal Courts, on the other hand, may process claims involving small criminal offenses, which, under Article 60 of Law No. 9,099/1995 are those either set by the Contraventions Law (Decree No. 3,688/1941) or those which the penalty does not surpass 02 (two years). As per Article 54, there are no court fees for the Small Claim Courts. However, if an appeal is filed, court fees shall be applied.