Brazil's federal judiciary has introduced a set of amendments to its civil procedure rules, with the majority of changes taking effect in early 2025. International companies with pending or anticipated disputes in Brazilian courts face a direct operational impact. Deadlines are shorter, court filing requirements are more demanding, and the criteria for obtaining an tutela de urgência (interim injunction under Brazilian civil procedure) have been tightened. Acting without up-to-date knowledge of these changes risks forfeiting procedural rights that cannot be recovered.
Brazil's civil procedure amendments took effect progressively from January 2025, with full implementation required across all federal and state courts by mid-2025. The amendments affect every litigant filing a statement of claim, seeking interim relief, or enforcing a judgment in Brazilian courts. International businesses must review active and planned proceedings immediately to verify compliance with the revised procedural rules.
This alert covers what changed and when, which business categories are most directly affected, and the specific actions international companies should take without delay.
What changed and when it applies
Brazil's civil procedure regime – grounded in the Código de Processo Civil (Brazilian Code of Civil Procedure) – was amended through legislative measures approved in late 2024. The core changes entered into force in January 2025. Courts were given a transition period, but that window has now closed for the majority of proceedings.
The principal changes fall into four areas.
Electronic court filing. All court filings must now be submitted through the unified sistema eletrônico (electronic filing system). Physical submissions are no longer accepted except in a narrow set of circumstances defined by the civil procedure rules. Parties using legacy filing methods risk having their documents rejected without notice, which can result in a missed deadline and procedural default.
Statement of claim requirements. The amended rules impose stricter formal requirements on the petição inicial (statement of claim). A claim that fails to identify the precise legal basis, attach all supporting documents at the point of filing, and comply with the new formatting standards may be returned for correction. The court sets a short window – typically fifteen days – for the deficiency to be cured. Failure to cure within that window results in dismissal without prejudice, but the delay can prove costly when limitation periods are running.
Interim injunction thresholds. Obtaining an interim injunction in Brazil now requires a stronger showing of fumus boni iuris (appearance of a valid legal right) and periculum in mora (risk of harm from delay). Courts are applying a stricter proportionality test. An application that would previously have succeeded on a preliminary basis may now be denied at first instance. Parties must front-load their evidentiary submissions rather than rely on supplementing them later.
Judgment enforcement timelines. The rules governing judgment enforcement – including the cumprimento de sentença (enforcement of a domestic judgment) and recognition of foreign awards – have been amended to introduce new mandatory notification steps. A creditor who fails to follow the updated sequence risks the enforcement being suspended pending rectification.
For international companies, the interaction between these changes and cross-border enforcement is addressed in our analysis of litigation and arbitration services in Brazil.
Who is affected and which thresholds apply
The amendments apply to all civil and commercial proceedings before Brazilian courts. There is no minimum claim value that exempts a party from compliance. The following business categories face the most immediate exposure.
- International companies with active commercial disputes or debt recovery proceedings in Brazilian courts
- Foreign creditors seeking to enforce a foreign judgment or arbitral award in Brazil
- Businesses that have filed or are about to file a statement of claim and have not yet reviewed it against the new formal requirements
- Companies that rely on interim injunctions to protect assets, intellectual property rights, or contractual positions pending final judgment
The threshold for immediate action is low: any company with a proceeding at any stage – from pre-filing to enforcement – should treat these amendments as directly applicable. Practitioners in Brazil note that courts have shown limited tolerance for non-compliance during the post-transition period. Procedural objections raised by opposing counsel on the basis of the new rules are being upheld in the majority of cases reviewed under the amended regime.
For context on how Brazil's corporate dispute environment operates more broadly, see our overview of corporate disputes in Brazil.
To receive an expert assessment of your pending or planned proceedings in Brazil under the amended civil procedure rules, contact us at info@ferrazwhitmore.com.
Immediate actions for international companies
Companies with exposure to Brazilian proceedings should take the following steps without delay.
Audit all active proceedings. Identify every matter before a Brazilian court. Confirm whether filings to date comply with the new electronic submission requirements. If any legacy paper submissions are outstanding, seek urgent clarification from local counsel on whether they have been accepted or returned.
Review pending statements of claim. Any statement of claim not yet filed should be reviewed against the amended formal requirements before submission. Pay particular attention to document completeness and the identification of the legal basis for each head of claim.
Reassess interim injunction applications. If your strategy relies on obtaining a tutela de urgência, rebuild the evidential foundation to meet the stricter proportionality standard. An application premised on the pre-amendment threshold is at significant risk of failure.
Map enforcement timelines. For matters approaching the enforcement stage, obtain an updated procedural map from local counsel. The new notification requirements in the judgment enforcement phase add steps that must be built into your timeline.
Set compliance deadlines. Assign internal responsibility for monitoring each proceeding. The consequences of a missed procedural step – particularly a limitation period or a cure-of-deficiency window – are difficult or impossible to reverse.
For international companies watching similar procedural developments in other jurisdictions, our alert on court procedure amendments in the United States provides a useful comparative reference.
About Ferraz & Whitmore
Ferraz & Whitmore is an international law firm based in Lisbon, advising business clients across 46 jurisdictions. Our commercial litigation practice covers dispute resolution, court filing strategy, interim injunction applications, and judgment enforcement across Latin American and Iberian civil law systems. We advise international companies, institutional investors, and in-house legal teams on navigating civil procedure requirements in Brazil – including the impact of recent amendments on active and planned proceedings. The firm combines Portuguese civil law expertise with English common law tradition to support cross-border litigation strategies across multiple legal systems. As a law firm in Brazil matters require local co-counsel, our network provides direct access to qualified practitioners operating under the amended civil procedure rules. To discuss your specific situation in Brazil, contact us at info@ferrazwhitmore.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. Ferraz & Whitmore assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@ferrazwhitmore.com.