AGU Explica – Litisconsórcio

Summary

Litisconsórcio in Brazilian law refers to the participation of multiple parties in a single legal action, either as plaintiffs, defendants, or both. It can be classified into different types: active, passive, or mixed based on who is involved, and initial or ulterior depending on when it arises during the case. Litisconsórcio can be necessary, as mandated by law, or facultative, at the discretion of the parties. The concept also includes classifications like simple, where decisions may differ for each party, and unitary, where all parties share a uniform outcome. The debate about active necessary litisconsortium adds further complexity to this legal concept.

Takeaways

• 😀 Litisconsortium occurs when two or more people litigate together in the same process.
• 😀 It can be active, passive, or mixed: active when there are multiple plaintiffs, passive when there are multiple defendants, and mixed when both plaintiffs and defendants are multiple.
• 😀 The litisconsortium can arise initially (at the beginning of the case) or later (during the process).
• 😀 A common cause for a subsequent litisconsortium is the death of one of the parties, leading to the inclusion of their heirs in the case.
• 😀 Litisconsortium can be classified as necessary or voluntary. Necessary occurs when the law requires it, and voluntary happens when the plaintiff chooses it due to shared rights or obligations.
• 😀 An example of necessary litisconsortium is in usucapion actions, where the plaintiff must cite not only the property holder but also neighbors and interested parties.
• 😀 Voluntary litisconsortium occurs when the plaintiff decides to include others due to a shared legal interest or obligation.
• 😀 The concept of necessary active litisconsortium is debated; while many scholars oppose it, the Superior Court of Justice accepts its possibility.
• 😀 Litisconsortium can be simple or unitary: simple when the court’s decision could differ for each party involved, unitary when the court’s decision must be the same for all parties.
• 😀 Simple litisconsortium occurs in cases where multiple plaintiffs file a joint claim against the same defendant but each may receive a different judgment, such as in banking disputes.
• 😀 Unitary litisconsortium occurs when multiple parties share a unique, indivisible legal relationship, such as in condominium disputes, where all defendants must receive the same decision.

Q & A

What is litisconsórcio?

Litisconsórcio refers to a situation where two or more parties participate together in a legal case. This can be either active, passive, or mixed.

What is an active litisconsórcio?

An active litisconsórcio occurs when there is a plurality of plaintiffs in a lawsuit.

What is a passive litisconsórcio?

A passive litisconsórcio happens when there is more than one defendant in the case.

What is a mixed litisconsórcio?

A mixed litisconsórcio occurs when there is a plurality of both plaintiffs and defendants in the same legal process.

How can litisconsórcio be classified based on its timing?

Litisconsórcio can be classified as initial, when the process starts with multiple parties, or ulterior, when multiple parties are added during the process.

What causes the formation of an ulterior litisconsórcio?

One reason for the formation of an ulterior litisconsórcio is the death of one party during the process, which may lead to the inclusion of their heirs in the case.

What is the difference between necessary and facultative litisconsórcio?

A necessary litisconsórcio occurs when a law requires multiple parties to be involved, such as in a usucapião action. A facultative litisconsórcio is when multiple parties participate based on shared rights or obligations, and it is up to the author to decide whether to include others.

Is it possible for there to be a necessary active litisconsórcio?

Although some legal scholars argue that it is not possible to have a necessary active litisconsórcio, the Superior Court of Justice (STJ) has accepted that it can occur, allowing for multiple plaintiffs to be involved.

What is the difference between simple and unitary litisconsórcio?

In a simple litisconsórcio, each party may receive a different judgment, as they do not share a unique and indivisible relationship. In a unitary litisconsórcio, the judgment must be the same for all parties, as they share a single, indivisible legal relationship.

Can you provide an example of a simple litisconsórcio?

An example of a simple litisconsórcio is when multiple bank account holders jointly file a lawsuit against a bank. Each plaintiff may have a different outcome based on their individual situation.