CPC comentado. Contestação (arts. 335 a 342)

Summary

In this legal-focused video script, Professor Marcelo discusses the intricacies of the Brazilian Civil Procedure Code (CPC), specifically addressing the topic of defense through contestation. He explains the process, including the 15-day deadline for defendants to file a contestation petition, and the various scenarios that can affect this timeline. The script delves into the specifics of article 335 of the CPC, detailing the conditions under which the deadline may vary. It also covers the responsibilities of the defendant in contestation, such as citing reasons for the defense and specifying evidence. The video is educational, aiming to clarify legal procedures and provide practical insights for those involved in civil litigation.

Takeaways

• 📚 The video is an educational content about Brazilian Civil Procedure Code (CPC), focusing on the topic of 'contestation' or 'defensive plea'.
• 🗓 The defendant has the right to offer contestation within a famous 15-day period, which may vary depending on the case.
• 👥 The video discusses the starting point of the 15-day period for contestation, which can begin from various events such as the end of a conciliation or mediation hearing.
• 📝 It is important to be cautious with the contestation period as it can vary and is not always 15 days, especially in different parts of the code.
• 📑 The video script outlines specific articles of the CPC, starting from article 335 to 342, detailing the process and conditions for contestation.
• 📆 The script emphasizes the importance of the date of filing the lawsuit and other procedural dates in determining the start of the contestation period.
• 🚫 The defendant must allege in the contestation any issues such as the non-existence or nullity of the citation, incompetence, incorrect value of the cause, and other procedural defects.
• 📋 The defendant is also required to specify the evidence they intend to produce and the reasons for contesting the plaintiff's claim.
• 📝 The video explains the legal concepts of 'lis pendens' and 'res judicata', which refer to the repetition of an action that is ongoing or has already been decided.
• 👤 The judge has the power to appreciate certain issues of the contestation ex officio, except for arbitration agreements and relative incompetence.
• 💬 The video also covers the consequences of the defendant's failure to contest certain procedural aspects, such as the need for a foreigner to provide a bond.

Q & A

What is the main topic discussed in the video?

The main topic discussed in the video is the contestation in the context of Brazilian Civil Procedure Law, specifically focusing on the defense and the deadlines related to it.

What is the significance of the '335 to 342' articles mentioned in the video?

Articles 335 to 342 of the Brazilian Civil Procedure Code (CPC) deal with the process of contestation in legal disputes, outlining the rules and timeframes for defendants to respond to legal actions.

What is the standard deadline for a defendant to file a contestation according to the video?

The standard deadline for a defendant to file a contestation is 15 days, although this period can vary depending on the circumstances of the case.

What are the situations in which the 15-day deadline for contestation may start?

The 15-day deadline for contestation may start from the first day of the trial for conciliation or mediation, the last session of conciliation, or when any party does not appear or appears without reaching a settlement.

What is the 'audiência do três três quatro' mentioned in the video?

The 'audiência do três três quatro' refers to a specific type of hearing in Brazilian Civil Procedure Law, which is a trial for conciliation or mediation, and it is a key event that can trigger the start of the contestation deadline.

What does the video mention about the role of the defendant in the contestation process?

The video mentions that the defendant has the right to offer contestation through a petition within the specified deadline. They must also address any issues related to the legitimacy of their participation in the process, such as the existence of a valid arbitration agreement or issues of jurisdiction.

What are some of the issues that a defendant must address in their contestation according to the video?

Some of the issues a defendant must address in their contestation include the existence or nullity of the citation, issues of jurisdiction, the value of the cause, the inadequacy of the initial claim, res judicata, and the capacity of the parties involved.

What is the consequence if a defendant fails to contest the case within the deadline mentioned in the video?

If a defendant fails to contest the case within the deadline, they may lose the opportunity to present their defense, and the case may proceed without their input, potentially leading to a default judgment against them.

What is the purpose of the 'litispendency' and 'res judicata' mentioned in the video?

Litispendence and res judicata are legal concepts used to prevent the same matter from being litigated more than once. Litispendency refers to a situation where the same parties and issues are involved in another ongoing lawsuit, while res judicata applies when a matter has already been decided by a court.

What does the video say about the judge's role in evaluating certain issues in a contestation?

The video states that the judge can evaluate certain issues of fact and law 'of office', meaning without needing to be prompted by the parties. This includes issues such as jurisdiction, the value of the cause, and the capacity of the parties, among others.