CPC M13A1 Intervenção de Terceiros

Summary

This video discusses the concept of third-party intervention in legal processes, focusing on key topics from the Brazilian Civil Procedure Code. It explains the different forms of third-party intervention, such as amici curiae, summons to the process, and denunciation of the lawsuit. The speaker clarifies the role of amici curiae, highlighting its importance in legal proceedings where a third party assists the court without being part of the dispute. The video emphasizes key legal procedures and how they impact cases, offering viewers practical insights into complex legal concepts. Throughout, the speaker simplifies these ideas for easier understanding, especially for students preparing for exams.

Takeaways

• 😀 Intervention of third parties in legal processes is covered by articles 119 to 138 of the Brazilian Civil Procedure Code (CPC).
• 😀 Many students struggle with the concept of 'intervention of third parties,' but it can be simplified for easier understanding and memorization.
• 😀 The term 'intervention of third parties' refers to when someone not initially involved in a lawsuit steps in to influence the outcome.
• 😀 One example is the 'denunciation of the lawsuit' where a third party who isn't the plaintiff or defendant intervenes in the case to highlight their involvement, often due to eviction claims.
• 😀 There are five key forms of third-party intervention in the CPC: Amicus Curiae, summons to the process, incident of disregarding corporate personality, denunciation of the lawsuit, and assistance.
• 😀 'Opposition' and 'nomination of authorship' are not considered forms of third-party intervention, as they refer to different legal procedures.
• 😀 The Amicus Curiae role refers to a 'friend of the court' who aids the judge in understanding a case but does not represent either party. This figure was added to the CPC recently.
• 😀 The Amicus Curiae can be requested by the judge or by parties involved in the case. The judge can invite them to participate on their own initiative.
• 😀 Amicus Curiae can be a natural person, legal entity, or specialized body, provided they have appropriate representation and expertise related to the case.
• 😀 Amicus Curiae cannot appeal decisions except in two specific cases: embargoes of declaration or in cases involving the resolution of repetitive demands.

Q & A

What is the concept of 'intervenção de terceiros' in Brazilian law?

In Brazilian law, 'intervenção de terceiros' refers to third-party intervention in a lawsuit, where a party not initially involved in the case steps in to assist or impact the outcome of the legal proceedings. This can be done through various forms like amicus curiae, chamamento ao processo, and others.

What are the main forms of third-party intervention admitted in the Brazilian Civil Procedure Code (CPC)?

The main forms of third-party intervention in the CPC are: Amicus Curiae, Chamamento ao Processo, Incidente de Desconsideração da Personalidade Jurídica, Denunciação da Lide, and Assistência.

What is Amicus Curiae and what is its role in a legal process?

Amicus Curiae, or 'friend of the court', is a third party that provides expertise or perspective on a specific matter in a case. It helps the court in its decision-making but does not represent either party in the lawsuit. It can be requested by the judge or by the parties involved.

Can Amicus Curiae enter a process without a request from the parties involved?

Yes, the judge can request the participation of Amicus Curiae on their own initiative, without any formal request from the parties. Alternatively, the parties can also request it.

Who can serve as Amicus Curiae in a legal process?

Amicus Curiae can be a natural person (individual), a legal entity, a public institution, or an expert organization. However, they must have adequate representation and expertise related to the issue being discussed in the case.

What criteria determine when Amicus Curiae can be admitted in a case?

Amicus Curiae can be admitted in cases with significant social relevance, specificity, or public impact. The judge will assess the importance of the matter before admitting Amicus Curiae.

Can a person or entity serving as Amicus Curiae file an appeal in the case?

Generally, Amicus Curiae cannot file appeals in the case, except in two specific situations: filing embargos de declaração (declaration embargoes) or in the case of an incident of repetitive lawsuits.

What is 'Chamamento ao Processo' and how does it function in third-party intervention?

'Chamamento ao Processo' refers to a mechanism where a party involved in a lawsuit calls another person to join the case, often because that person may share responsibility in the matter being litigated.

What does 'Denunciação da Lide' mean in Brazilian law?

Denunciação da Lide is when a defendant informs the court about the involvement of a third party who is responsible for part of the issue in question. It allows the third party to intervene in the lawsuit.

What is the difference between 'Oposição' and third-party intervention?

'Oposição' is not considered a form of third-party intervention under the CPC. It is a special procedure to resolve a conflict in a lawsuit, whereas third-party intervention involves someone other than the original parties entering the case to support or assist the legal process.