Procedure guides

Preparing a Statement of Claim in the Brazilian Small Claims Court

What the Juizado Especial Cível expects from a statement of claim of up to 20 minimum wages prepared by the person themselves, and why a filing is returned.

Small Claims Courts (State Justice)

How it works

  1. Write the address block: the small claims court, the judicial district, your full name and address, and the respondent's full name and address.
  2. Set the page: A4 paper, 2.5 cm margins on all four sides, Arial or Times New Roman at 12 point, 1.5 line spacing.
  3. Number the paragraphs continuously from 1, one event per paragraph, in date order.
  4. Close with the request, a handwritten signature, the printed name, the place and date, and a numbered list of attachments.
  5. Take two copies of the claim and the documents: one for the court and one for you.

Next

Do I need a lawyer in the Brazilian small claims court?

Up to 20 minimum wages the law allows a person to bring the claim in person without representation by a third party. Above that amount the case goes to the ordinary civil court, which has different rules on representation.

What does it cost to start a small claims case?

In the first instance there is no court fee and no order for the losing party to pay costs, so nothing is paid to start the case. A fee applies if there is an appeal.

How many copies should I take?

Two copies of the claim and the documents: one stays with the court and one is used to serve the respondent. Keep a copy for yourself.

Format requirements for this court

The statement of claim is filed on A4 paper, 21 by 29.7 cm. Codigo de Processo Civil (Lei no 13.105/2015), arts. 319 e 320 (requisitos da peticao inicial e documentos)
Margins of 2.5 cm are left on the left and right sides of the page. Codigo de Processo Civil (Lei no 13.105/2015), arts. 319 e 320 (requisitos da peticao inicial e documentos)
Paragraphs are numbered continuously from 1 throughout the document. Codigo de Processo Civil (Lei no 13.105/2015), arts. 319 e 320 (requisitos da peticao inicial e documentos)
The statement of claim must be signed by the person filing it. Codigo de Processo Civil (Lei no 13.105/2015), arts. 319 e 320 (requisitos da peticao inicial e documentos)
Court proceedings in Brazil are conducted in Portuguese. Codigo de Processo Civil (Lei no 13.105/2015), arts. 319 e 320 (requisitos da peticao inicial e documentos)
Two copies of the claim are filed: one stays with the court and one is used to serve the respondent. Lei no 9.099/1995 (Lei dos Juizados Especiais Cíveis e Criminais), arts. 3o, 14, 18 e 30
The small claims court hears claims worth up to 20 minimum wages. Lei no 9.099/1995 (Lei dos Juizados Especiais Cíveis e Criminais), arts. 3o, 14, 18 e 30

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.