INITIAL PETITION STEP BY STEP - NEW CPC
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STEP-BY-STEP GUIDE TO PREPARE AN INITIAL PETITION IN ACCORDANCE WITH THE NEW 2015 CPC (Brazilian Bar Association).
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At 4:27, section IV is mentioned in the audio, but the correct section is VI, as stated in the video.
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"The number of pages in your petition is not linked to its quality."
This is the sentence I begin this video with.
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Much of what you need to know about the initial petition is contained in articles 319 to 321 of the Code of Civil Procedure.
Jurisdiction is an inert power and needs to be triggered.
This triggering occurs through the Initial Petition, in which the plaintiff sets the limits of jurisdictional action.
Therefore, the judge cannot rule infra, extra, or ultra petita.
For the petition to be valid, it must meet the requirements set forth in article 319 of the Code of Civil Procedure.
And the first requirement is the court to which it is addressed, which is the body of the judiciary.
Previously, we addressed it as follows:
YOUR HONORABLE JUDGE OF THE 10TH CIVIL COURT OF THE DISTRICT OF NOVA IGUAÇU/RJ
In other words, it was addressed to the judge.
With the advent of the 2015 Code of Civil Procedure, the address became as follows:
TO THE COURT OF THE X CIVIL COURT OF THE DISTRICT OF NOVA IGUAÇU/RJ
Just to clarify that this address complies with Article 319, I, of the Code of Civil Procedure, okay?
Another requirement set forth in Article 319, Section II, is the identification of the plaintiff and defendant.
Names; First names, Marital Status, Existence of a Stable Union, Occupation, CPF or CNPJ, email (which is the electronic address), and domicile.
Section three requires the facts and legal basis of the claim.
It is usually done as follows:
Open a thread to narrate the facts, tell your story. And it must be clear and objective, in the most concise manner. Keep it as simple as possible, without overusing legal jargon.
You can highlight the sections you find most important, but don't overdo it.
Remember the phrase: "The page number of your petition is not linked to its quality."
After the facts, you open the topic with the legal basis:
In it, you will cite the articles, laws, doctrinal understandings, and case law that are consistent with the facts you described, that is, those that will support your request's acceptance.
In practice, judges don't usually pay much attention to the topic of legal basis.
I'll give you a tip on what I do to force the judge to read the legal basis.
At the same time as I describe the facts, I cite the legal basis.
Example: ...the power supply was not restored on time, which is contrary to article such and such of law.
Just an example, a tip if you want to emphasize a legal basis.
Another requirement is the petitions:
It's not enough to cite the facts; you must request, petition the court, whether or not it can grant the request.
The petition must also indicate the value of the claim:
This indicates the value of the requests:
This also serves to define the amount of court costs and attorney's fees.
Section VI of Article 319 addresses the evidence to prove the alleged facts. In the initial petition, you must state what evidence you will provide, whether documentary (which can be attached to the petition), testimonial, etc.
To avoid having to specify which evidence, we can state it as follows:
The plaintiff will prove the allegations using all legally admissible means of proof.
In Section VII, we have the option of holding a conciliation or mediation hearing.
We have a complete article on this topic; I'll post it in the comments link and in the card above.
What if you don't have enough information to qualify the defendant?
In this case, you can request the judge to take steps as provided for in the first paragraph of Article 319.
For example: you know the name but do not know the address of the other party. You can request that the address be searched through agreements, Bacenjund, Infojud, Renajud, or a letter be sent to social media, banks, DMV, etc.
The petition must include the documents essential to filing the lawsuit, as provided for in Article 320 of the Code of Civil Procedure.
For example: the CPF (Individual Taxpayer Registry), proof of residence of the plaintiff, and power of attorney.
And as stated in Article 321 of the Code of Civil Procedure, if the initial petition does not meet these requirements, the judge will order the plaintiff to amend or complete the petition within 15 days. This deadline is in business days.
If the plaintiff fails to amend or complete the petition, the judge will deny the initial petition.
Nothing pre...