Small Claims Courts (State Justice) · Small Claims Court (Law 9,099/1995)
Small Claims Court (Law 9,099/1995) — Brazil
Format requirements for this court
| Court and track | Small Claims Court (Law 9,099/1995) |
|---|---|
| Paper | A4 |
| Margins | 2.5 cm · 2.5 cm · 2.5 cm · 2.5 cm |
| Type | Arial, 12 pt |
| Line spacing | 1.5 |
| Paragraph numbering | {n}. |
Twelve point type in Arial or Times New Roman, with 1.5 line spacing. The pages are numbered.
Every format rule is listed with its source so you can check it yourself.
Small Claims Court (Law 9,099/1995)
The statement of claim is written in Portuguese on A4 paper, with the facts, the amount claimed and the request, numbered pages, a signature and a list of the documents that accompany it. The law allows a person to bring the claim in person, without representation by a third party, up to 20 minimum wages.
salários mínimos 20 — The small claims court hears claims worth up to 20 minimum wages, calculated by the minimum wage in force on the date the claim is filed.
Every format rule is listed with its source so you can check it yourself.
Ordinary Civil Court (claims above the small claims limit)
The statement of claim follows articles 319 and 320 of the Civil Procedure Code: facts, grounds, request, value of the claim and documents. This pack does not generate documents for this court.
BRL 0 — The ordinary civil court does not have the small claims ceiling. The rules on representation are different, and a person without a lawyer may not be able to proceed alone. This pack covers the small claims court only.
Every format rule is listed with its source so you can check it yourself.
Filing checklist - what to bring, in how many copies, and why documents get returned.
- One signed statement of claim with the facts, the amount and the request, on A4, 12 point type, 1.5 line spacing.
Every format rule is listed with its source so you can check it yourself.
- Two copies of the claim and the documents: one for the court and one for you; the second copy is used to serve the respondent.
Every format rule is listed with its source so you can check it yourself.
- A list of the attachments, numbered from 1, matching exactly the copies submitted.
Every format rule is listed with its source so you can check it yourself.
- The full name and current address of the respondent, needed for service.
Every format rule is listed with its source so you can check it yourself.
- The amount claimed, with the calculation that shows how the figure was reached.
Every format rule is listed with its source so you can check it yourself.
- A handwritten signature, with the printed name below it and the place and date shown.
Every format rule is listed with its source so you can check it yourself.
- In the first instance of the small claims court there is no court fee and no losing-party costs order, so no fee is paid to start the case.
Every format rule is listed with its source so you can check it yourself.
- Attend the conciliation hearing with the original documents and a copy, on the date set by the court.
Every format rule is listed with its source so you can check it yourself.
- Confirm that the judicial district chosen is the place of the events or the respondent's residence.
Every format rule is listed with its source so you can check it yourself.
Why filings get sent back
- The statement of claim is not signed. Without a signature there is no way to identify who is making the request.
Every format rule is listed with its source so you can check it yourself.
- The request or the value of the claim is missing. Article 319 of the Civil Procedure Code requires the statement of claim to state the request and the amount claimed.
Every format rule is listed with its source so you can check it yourself.
- The list of documents does not accompany the statement of claim. Article 320 of the Civil Procedure Code requires the claim to be supported by the documents on which it rests.
Every format rule is listed with its source so you can check it yourself.
- The amount stated is above 20 minimum wages, so the claim does not fit the small claims court.
Every format rule is listed with its source so you can check it yourself.
- The claim was filed in a judicial district other than the one where the events happened or where the respondent lives.
Every format rule is listed with its source so you can check it yourself.
- The pages and attachments are not numbered, which prevents the file from being checked.
Every format rule is listed with its source so you can check it yourself.
- The place and date above the signature are missing, as required at the close of the document.
Every format rule is listed with its source so you can check it yourself.
The language you read here and the language of the documents are set separately.
Document language: Português. This is set by the court, not by the language you are reading now.
- Português (Required)
The official language of court proceedings in Brazil is Portuguese, and the small claims courts keep their records in that language. The document set is produced in Portuguese regardless of the language you choose to read the questions in.
Every format rule is listed with its source so you can check it yourself.
Disclosure: what this document set is and is not
This document set was assembled by a document preparation service that organises the facts you supplied and applies the format published by the court named above. The preparer is not a lawyer, does not act as your representative in any court and provides no legal advice, and offers no opinion on which rule, position or request applies to your situation. You remain responsible for the contents of every document you file, for meeting every deadline, and for consulting a lawyer about your own situation. The source of every format rule is listed so that you can check it yourself.
I have read this disclosure. I understand that the preparer is not a lawyer, that this set is a format and fact-organisation aid and not legal advice, and that no lawyer has reviewed my documents.
Every format rule is listed with its source so you can check it yourself.
Confirm you understand: citations are not verified
The system does not check whether a citation is real. You are responsible for checking each one in the official database: Portal da Legislação do Planalto (planalto.gov.br) e a Jurisprudência do STJ/STF (scon.stj.jus.br, portal.stf.jus.br).
Check this citation yourself: confirm that it exists, that it is still in force, and that no later amendment or decision has changed it.
Every format rule is listed with its source so you can check it yourself.
Every format rule is listed with its source so you can check it yourself.
- Lei no 9.099/1995 (Lei dos Juizados Especiais Cíveis e Criminais), arts. 3o, 14, 18 e 30
- Codigo de Processo Civil (Lei no 13.105/2015), arts. 319 e 320 (requisitos da peticao inicial e documentos)
- Portal da Legislacao do Planalto (planalto.gov.br)
- Conselho Nacional de Justica (CNJ) - Juizados Especiais e formularios
- Resolucoes do CNJ sobre o funcionamento dos Juizados Especiais
- Superior Tribunal de Justica - pesquisa de jurisprudencia (scon.stj.jus.br)
- Supremo Tribunal Federal - jurisprudencia (portal.stf.jus.br)