AULA RESUMO: AÇÃO DE OPOSIÇÃO

Summary

In this lesson, the concept of 'Ação de Oposição' (Action of Opposition) in Brazilian law is explained. The action allows a third party to intervene in an ongoing dispute, such as a property claim, to assert their own right. The process involves filing the opposition by dependence on the original lawsuit, with the opposition claim examined first by the judge. If successful, it can influence the outcome of the main case. The lecture outlines the necessary steps, legal references, and key points about how and when to file an opposition in civil legal proceedings.

Takeaways

• 😀 The 'action of opposition' is a legal mechanism used to challenge an ongoing dispute between other parties, typically involving property or rights.
• 😀 To initiate an action of opposition, there must already be an ongoing case, and the opposition must be filed before the final judgment is issued.
• 😀 The action of opposition allows a third party to claim a right to part or all of the property in dispute between the original parties (e.g., A and B).
• 😀 According to Article 682 of the Civil Procedure Code (CPC), the action of opposition can challenge the entire or part of a disputed property.
• 😀 The action of opposition is filed by submitting a petition, which must meet the formal requirements outlined in Articles 319 and 320 of the CPC.
• 😀 The action of opposition is always filed in relation to the original case and must be distributed 'by dependency,' meaning it is tied to the primary dispute.
• 😀 The opposing party (opponent) becomes the plaintiff in the opposition action, while the original plaintiff and defendant are the defendants in this action.
• 😀 The opposition is not handled separately; it is filed in conjunction with the original case, and the judge will examine both cases simultaneously.
• 😀 Once filed, the parties in the original case (plaintiff and defendant) are served through their lawyers and must respond within 15 days (no extended deadline).
• 😀 The judge must first rule on the opposition case before making a decision on the original case, as the opposition ruling can affect the outcome of the main dispute.

Q & A

What is the *ação de oposição* in Brazilian civil law?

The *ação de oposição* is a legal action that allows a third party (the 'opponent') to assert their right over a property or right that is being contested between two other parties. This action is typically used in property disputes where the third party believes they have a legitimate claim to the contested asset.

When can someone file an *ação de oposição*?

An *ação de oposição* can be filed when there is already an ongoing lawsuit, and the opponent believes they have a claim to the property or right in question. It must be filed before a judgment is made in the original case.

What does Article 682 of the CPC state about the *ação de oposição*?

Article 682 of the CPC specifies that an opponent can file for opposition regarding the whole or part of a contested property or right. The action must be filed while the original lawsuit is still ongoing and before a final sentence is issued.

What is the role of the *opponent* in the *ação de oposição*?

The *opponent* is the third party who believes they have a legitimate claim to the contested property or right. The opponent initiates the *ação de oposição* to assert their rights against the original plaintiff and defendant in the lawsuit.

How does the *ação de oposição* relate to the original lawsuit?

The *ação de oposição* is always filed in relation to an ongoing lawsuit and is considered a dependent action. This means that the opposition action must be tied to the original case and will proceed alongside it.

What is the significance of filing an *ação de oposição* by dependency?

Filing by dependency means that the opposition action is linked to the original lawsuit. It cannot be filed independently, as the court will reject such filings. This ensures that the opposition is evaluated in the context of the original dispute.

What must the petition for an *ação de oposição* include?

The petition for an *ação de oposição* must provide evidence that the opponent has a right to all or part of the contested property. It also needs to meet the procedural requirements set out in Articles 319 and 320 of the CPC.

Who are the parties involved in an *ação de oposição*?

The main parties involved in an *ação de oposição* are the opponent (the third party asserting their claim), the plaintiff, and the defendant from the original lawsuit. The opponent is the one filing the opposition, while the plaintiff and defendant are the original parties in the dispute.

What is the process for notifying the original parties in an *ação de oposição*?

Once the *ação de oposição* is filed, the original parties (plaintiff and defendant) are notified through their lawyers, and they have 15 days to contest the opposition. This is a standard procedure under the CPC.

What happens if the *ação de oposição* is successful?

If the *ação de oposição* is successful, the court will recognize the opponent's claim to the contested property or right, which will influence the outcome of the original lawsuit. In some cases, the original claim may be rejected or altered based on the opposition ruling.