Wednesday, 9 June 2010

Brazil foresees a new Code of Civil Procedure

The Code of Criminal Procedure, the Penal Code, the Intellectual Property Act, and many others grant exclusive rights to the owners of IP rights as well as provide for the punishment for the violation/infringement of IP. However, the Code of Civil Procedure is the one that ensures expedited trial – practitioners love that.

Yesterday(8th of June), the committee of lawyers who were responsible for drawing up the draft of the new Code of Civil Procedure provided the president of the Brazilian Congress, Senator Jose Sarney, the result of their work.

According to the president of the said commission, Minister in the Superior Court of Justice (STJ) Luiz Fux, the work “...analysed over a thousand suggestions that have come to the committee. Since the beginning of the work, the committee recognized as main objective the guarantee of reasonable duration of trials, without however sacrificing the principle of legal defence. The desire for a more speedy justice was taken during all the discussions ...”

If the bill succeeds we will see a significant reduction of the delay of the proceedings in the Brazilian courts - so they said.

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