Intervenção de terceiros | Dicas de Processo Civil

Summary

The transcript covers the concept of third-party intervention in Brazilian legal processes, explaining different types such as assistance, denunciation of the suit, calling to the process, incident of disregarding corporate personality, and amicus curiae. Each type is detailed with practical examples, helping clarify when and how they apply in legal cases. The speaker emphasizes key points that may appear on FCC exams, offering insights on how these interventions work and their implications in real-world legal scenarios. This knowledge is crucial for understanding how third-party interventions impact legal proceedings in Brazil.

Takeaways

• 😀 Third-party intervention is a key concept in legal proceedings and involves several types of actions that allow outside parties to get involved in a lawsuit.
• 😀 **Assistance** (Assistência) allows a third party with a legal interest to help one of the parties in the case, and can be either simple or consorcial depending on the relationship to both parties involved.
• 😀 In **simple assistance**, the third party is only related to one party in the case, while in **consorcial assistance**, the third party has a relationship with both parties.
• 😀 **Denunciação da Lide** (Denunciation of the Suit) is used when a defendant might lose and wants to involve a third party, like an insurer, to take responsibility for the damages if the defendant loses the case.
• 😀 In **denunciação da lide**, if the defendant wins, the third party (e.g., insurer) is not required to pay, and the defendant must cover the costs of the legal process.
• 😀 **Joinder of Third Parties** (Chamamento ao Processo) happens when shared responsibility is involved, such as when a co-debtor or a guarantor is added to a lawsuit, ensuring all liable parties are included.
• 😀 **Piercing the Corporate Veil** (Incidente de Desconsideração da Personalidade Jurídica) is a legal concept where a company’s shareholders or partners can be held personally liable if fraud or lack of resources is suspected during a lawsuit.
• 😀 In the **piercing the corporate veil** incident, a lawsuit can add individual partners or shareholders of a company if the company cannot cover its obligations or if fraud is suspected.
• 😀 **Amicus Curiae** (Friend of the Court) involves bringing in an external party with specialized knowledge to provide expertise on complex issues that the judge may not fully understand.
• 😀 **Amicus Curiae** contributions are useful in cases involving technical matters, social issues, or areas of law that require a deep understanding beyond what the judge may possess, helping inform the decision-making process.

Q & A

What is the concept of third-party intervention in legal proceedings?

Third-party intervention refers to the participation of a third party in a lawsuit, either to assist one of the parties or to protect their own interests. This can occur in different forms, such as assistance, denunciation, or a call to the process.

What is the main distinction between 'assistance' and 'denunciation' in legal intervention?

In 'assistance', a third party helps one of the existing parties in the lawsuit due to a legitimate legal interest. In 'denunciation', a third party is brought into the process to assume responsibility for a potential liability if the main party loses the case.

What is the difference between simple assistance and joint assistance in the context of third-party intervention?

In simple assistance, the third party has an interest only in one of the parties involved in the lawsuit. In joint assistance ('assistência litisconsorcial'), the third party has a legal relationship with both parties, assisting them in a joint capacity.

How does denunciation work in the context of an insurance claim?

Denunciation occurs when the defendant, for example in an auto accident, brings in a third party like an insurance company to cover potential damages. This is done if the defendant is concerned about being liable for the costs and wishes to shift responsibility to the insurer.

What is the potential consequence if the party making the denunciation loses the case?

If the party making the denunciation loses the case, they may be responsible for paying the legal fees and expenses related to the third-party intervention, as the third party would not have been liable unless the main party lost the case.

What is the concept of a 'call to the process' (chamamento ao processo)?

A 'call to the process' involves a third party being brought into a lawsuit because of shared responsibility, such as in cases where multiple parties are jointly liable, like co-debtors or a principal debtor and their guarantor.

What does the 'incident of disregarding corporate personality' refer to?

The incident of disregarding corporate personality involves a situation where a company (as a legal entity) is sued, but the plaintiff also seeks to hold the company’s owners (shareholders or directors) personally responsible, especially if the company is found to have engaged in fraudulent or illicit behavior.

What is the process of 'disregarding corporate personality' in a lawsuit?

The process of disregarding corporate personality occurs during the ongoing lawsuit when it is discovered that the company has acted fraudulently or unlawfully, leading the plaintiff to request that the company's corporate veil be lifted so that the owners can be personally held liable.

What role does an 'amicus curiae' (friend of the court) play in a legal case?

An 'amicus curiae' is a third party who provides expertise or insight to the court on a specific issue in the case, often in cases involving complex legal or technical matters. The amicus curiae assists the judge by offering relevant information that could influence the court's decision.

What are the essential elements for an amicus curiae to intervene in a legal case?

The intervention of an amicus curiae requires the presence of relevant subject matter, technical expertise, and social impact. The amicus curiae must contribute information that the judge may not have, helping clarify complex issues in the case.