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Commercial litigation in Brazil: which court, how a case runs, interim relief, appeals and court costs

Last verified: 2026-10-27 · Status: Changing

Most business cases go to state courts; federal courts hear cases involving the Union and federal entities, foreign states and the enforcement of foreign judgments, and the STJ unifies federal law on special appeal. A case opens with a mandatory conciliation hearing, the defendant then has 15 business days to answer, every procedural deadline counts business days only and deadlines stop from 20 December to 20 January; urgent relief can be granted at the outset and can become stable if not appealed. Costs are changing: from 1 January 2027 federal court fees rise to 2 to 3 percent of the claim (capped at R$107,332.80) and STJ fees become a share of the claim, while a 2026 law lets the STJ refuse special appeals that lack relevance.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.3346 per US dollar for 27 October 2026. The real moved sharply in late October (R$5.0377 on 23 October and R$5.5007 on 26 October), so conversions are for orientation only.

Key facts

Deadline for the defendant's answer in ordinary civil procedure	15 business daysCPC arts. 219 and 335, as of 2015-03-16 · in force
Deadline to appeal a judgment	15 business daysCPC arts. 219 and 1.003 § 5, as of 2015-03-16 · in force
Annual suspension of procedural deadlines	20 December to 20 January datesCPC art. 220, as of 2015-03-16 · in force
Time to sue to review stabilized anticipatory relief	2 yearsCPC art. 304 § 5, as of 2015-03-16 · in force
Maximum bad faith litigation fine (share of corrected claim value)	10 %CPC art. 81, as of 2015-03-16 · in force
Claim value above which relevance of a special appeal to the STJ is presumed (500 minimum wages, 2026)	810500 BRLCF art. 105 § 3 III; CPC art. 1.035-A § 4 (Lei nº 15.484/2026), as of 2026-08-04 · in force
Federal court filing fee for claims above R$100,000 from 1 January 2027	3 %Lei nº 9.289/1996 Table I as worded by Lei nº 15.498/2026, as of 2027-01-01 · pending
Federal court filing fee ceiling from 1 January 2027	107332.80 BRLLei nº 15.498/2026 Annex I, as of 2027-01-01 · pending
STJ special appeal fee from 1 January 2027 (share of updated claim value)	2 %Lei nº 11.636/2007 art. 2 as worded by Lei nº 15.498/2026; STJ resolution of 25 September 2026, as of 2027-01-01 · pending
STJ special appeal fee in 2026 (fixed)	270.12 BRLSTJ fee table in force from 2 February 2026, as of 2026-02-02 · in force

The rule

1. Brazil has state courts of general jurisdiction and federal courts. Federal judges hear cases in which the Union, a federal autarchy or a federal public company is a party (except bankruptcy, work accident, electoral and labor cases), cases between a foreign State or international organization and a person resident in Brazil, cases based on a treaty or contract of the Union with a foreign State, and the enforcement of letters rogatory after exequatur and of foreign judgments after homologation. Above the state courts of appeal and the regional federal courts sits the Superior Court of Justice (STJ), which hears special appeals (recurso especial) when a decision contradicts a treaty or federal law or interprets federal law differently from another court.Constituição Federal of 5 October 1988, Art. 105 item III letters a to c; art. 109 items I, II, III and X, 1988-10-05 official text · verified 2026-10-27

2. A standard case starts with a petition; if it meets the requirements the judge schedules a conciliation or mediation hearing at least 30 days ahead and the defendant must be served at least 20 days before it. The hearing is skipped only if both sides expressly say they are not interested (the defendant must say so at least 10 days before). The defendant then has 15 days to answer, counted from the hearing or from its request to cancel it. In counting deadlines set in days, only business days count, and procedural deadlines are suspended from 20 December to 20 January inclusive, with no hearings or sessions in that period.
Cost to do it: Filing fees under state or federal tables (see the fee rules below) plus counsel; skipping the hearing without cause costs up to 2 percent of the claim (art. 334 § 8).Lei nº 13.105 of 16 March 2015 (Civil Procedure Code, CPC), Arts. 219, 220, 334 caput and §§ 4 and 5, 335, 2015-03-16 official text · verified 2026-10-27

3. An arbitration agreement must be raised by the defendant in its answer, before the merits; the judge cannot raise it on its own, and failing to raise it is treated as acceptance of the state court and waiver of arbitration. If the court accepts the objection, or the arbitral tribunal recognizes its own jurisdiction, the case ends without a ruling on the merits.Lei nº 13.105 of 16 March 2015 (CPC), Art. 337 item X and §§ 5 and 6; art. 485 item VII, 2015-03-16 official text · verified 2026-10-27

4. Urgent relief (tutela de urgência) is granted when there is evidence of probable right and danger of harm or risk to the useful result of the case; the judge may require a real or personal guarantee to cover the other side's losses, and anticipatory relief is refused where its effects would be irreversible. When urgency exists at filing, the claimant may file a short petition seeking only the anticipatory relief and must complete it within 15 days after relief is granted. If the defendant does not appeal the order, the relief becomes stable and the case is closed; either side then has 2 years to sue to review, reform or invalidate it.
Cost to do it: Possible guarantee set by the judge (art. 300 § 1); the completed petition carries no new court costs (art. 303 § 3).Lei nº 13.105 of 16 March 2015 (CPC), Arts. 300 caput and §§ 1 to 3, 303 § 1 item I, 304 caput and §§ 1, 2 and 5, 2015-03-16 official text · verified 2026-10-27

5. The appeal (apelação) against a judgment has suspensive effect, except in listed cases such as a judgment that confirms, grants or revokes interim relief or that orders arbitration to be instituted, which take effect on publication. Interlocutory decisions can be appealed immediately (agravo de instrumento) only on listed matters, which include interim relief, the merits, rejection of an arbitration agreement and piercing of the corporate veil. The deadline for appeals is 15 business days; motions for clarification (embargos de declaração) must be filed within 5 days.Lei nº 13.105 of 16 March 2015 (CPC), Arts. 1.003 § 5, 1.012 caput and § 1, 1.015 items I to IV, 1.023 caput, 2015-03-16 official text · verified 2026-10-27

6. Special appeals to the STJ now face a relevance filter. The appellant must show, in a specific section, that the federal law question is relevant from an economic, political, social or legal point of view beyond the parties' interests; the STJ may refuse the appeal on this ground, in an unappealable decision, only by a two thirds vote. Relevance is presumed, among other cases, in claims worth more than 500 minimum wages (R$810,500 in 2026) and where the decision under appeal contradicts dominant STJ case law. The requirement applies to appeals against decisions published after the law took effect.
Example: A R$2,000,000 commercial claim is above 500 minimum wages (R$810,500 at R$1,621), so relevance is presumed; a R$500,000 claim must argue relevance in its own section or the appeal is inadmissible. / Presumption threshold about US$151,933; the two claims are about US$374,911 and US$93,728.Constituição Federal art. 105 §§ 2 and 3, added by Emenda Constitucional nº 125 of 2022; Lei nº 15.484 of 4 August 2026, CF art. 105 §§ 2 and 3; CPC art. 1.035-A caput and §§ 1 to 6, added by Lei nº 15.484 art. 2; Lei nº 15.484 arts. 4 and 7, 2026-08-04 official text · verified 2026-10-27 · changed: Lei nº 15.484 of 4 August 2026, published in the DOU the same day and in force 30 days after publication, regulated the relevance filter created by Constitutional Amendment nº 125 of 2022 by adding art. 1.035-A to the CPC.

7. Parties with full capacity may agree, before or during a case on rights that admit settlement, to change the procedure and their procedural burdens, powers and duties; the judge refuses such agreements only if void, abusive in an adhesion contract or imposed on a clearly vulnerable party. A party litigating in bad faith pays a fine of more than 1 percent and less than 10 percent of the corrected value of the claim, plus the other side's losses, fees and expenses; where the claim value is trivial or cannot be estimated the fine can reach 10 minimum wages.
Cost to do it: Bad faith fine below 10 percent of the claim; up to 10 minimum wages (R$16,210 in 2026) for low or inestimable claims.
Example: Bad faith in a R$2,000,000 claim can cost up to just under R$200,000 in fines, plus damages and fees. / Up to just under US$37,491 on a claim of about US$374,911.Lei nº 13.105 of 16 March 2015 (CPC), Art. 190 caput and sole paragraph; art. 81 caput and § 2, 2015-03-16 official text · verified 2026-10-27

8. Federal court fees are changing. Until 31 December 2026, civil claims in federal court pay 1 percent of the value of the claim with a minimum of 10 and a maximum of 1,800 UFIR. From 1 January 2027 the new table charges 2 percent for claims up to R$5,000, 2.25 percent up to R$25,000, 2.5 percent up to R$50,000, 2.75 percent up to R$100,000 and 3 percent above R$100,000, with a minimum of R$193.20 and a maximum of R$107,332.80; appeals and the start of judgment enforcement cost 1 percent and enforcement of an out of court title 2 percent, within the same floor and ceiling. Values are corrected yearly by the IPCA.
Cost to do it: From 2027: filing 2 to 3 percent of the claim (R$193.20 to R$107,332.80); appeal 1 percent; judgment enforcement 1 percent; execution of an out of court title 2 percent.
Example: A R$2,000,000 claim filed in federal court in 2027 pays 3 percent, R$60,000, against a ceiling of 1,800 UFIR under the old table. / About US$11,247 on a claim of about US$374,911; the 2027 ceiling of R$107,332.80 is about US$20,120.Lei nº 9.289 of 4 July 1996 (federal court fees), as amended by Lei nº 15.498 of 4 September 2026, Lei nº 9.289 art. 1 § 3 and Table I; Lei nº 15.498 arts. 2, 3, 6 item I and Annex I letters a, g, i and j, 2026-09-04 official text · verified 2026-10-27 · changed: Lei nº 15.498 of 4 September 2026 replaced the federal court fee tables (in force from 1 January of the year after publication, with at least 90 days, so 1 January 2027) and moved STJ fees to a 2 to 4 percent rule set by the STJ itself.

9. STJ fees are also changing. A special appeal currently costs a fixed R$270.12 regardless of the value of the claim. From 1 January 2027, under a resolution approved by the STJ Special Court on 25 September 2026 under Lei nº 15.498, cases with economic content pay a share of the updated value of the claim: 2 percent for special appeals, with a floor of R$1,325.45 and a ceiling of R$107,332.80, and 4 percent for rescission actions and complaints (reclamação), within their own floors and ceilings; cases without a defined economic value keep fixed fees.
Cost to do it: Special appeal from 2027: 2 percent of the updated claim value, R$1,325.45 to R$107,332.80 (now R$270.12).
Example: A special appeal in a R$2,000,000 case costs R$270.12 if filed in 2026 and R$40,000 if filed in 2027. / About US$50.64 in 2026 against about US$7,498 in 2027.Lei nº 11.636 of 28 December 2007 (STJ fees), art. 2 as worded by Lei nº 15.498 of 4 September 2026; STJ Special Court resolution of 25 September 2026, Lei nº 11.636 art. 2 caput; Lei nº 15.498 arts. 5 and 6 item I, 2026-09-25 official text · verified 2026-10-27 · changed: From 1 January 2027 STJ fees move from fixed amounts to 2 to 4 percent of the updated claim value (Lei nº 15.498 of 4 September 2026 and STJ resolution of 25 September 2026).

Step	Deadline	Source
Conciliation or mediation hearing	Scheduled at least 30 days ahead; defendant served at least 20 days before	CPC art. 334
Defendant opts out of the hearing	At least 10 days before it (both sides must opt out)	CPC art. 334 §§ 4 and 5
Answer (contestação)	15 days from the hearing or the opt out request	CPC art. 335
Completing a short petition after urgent relief	15 days or longer if the judge allows	CPC art. 303 § 1 I
Appeal and agravo de instrumento	15 days	CPC art. 1.003 § 5
Motion for clarification	5 days	CPC art. 1.023
Suit to undo stabilized urgent relief	2 years	CPC art. 304 § 5

Key procedural deadlines in ordinary civil cases (CPC). Deadlines in days count business days only (art. 219) and stop from 20 December to 20 January (art. 220).

Fee	2026	From 1 January 2027	Source
Federal court filing	1 percent within 10 to 1,800 UFIR	3 percent: R$60,000 (about US$11,247)	Lei nº 9.289 Table I; Lei nº 15.498 Annex I
Federal court appeal	Under the old table	1 percent: R$20,000 (about US$3,749)	Lei nº 15.498 Annex I letter g
STJ special appeal	R$270.12 fixed (about US$50.64)	2 percent: R$40,000 (about US$7,498)	STJ resolution of 25 September 2026

Court fees on a R$2,000,000 claim (about US$374,911) before and after the 2027 change.

Worked example

A supplier claims R$2,000,000 (about US$374,911) from a Brazilian buyer in the São Paulo state court. It files in October 2026; the hearing is set for at least 30 days later, and as deadlines stop between 20 December and 20 January, the buyer's 15 business day answer may fall in February 2027 (CPC arts. 219, 220, 334 and 335). If the supplier obtained an urgent asset freeze and the buyer did not appeal it, the order stays in force and the buyer has 2 years to sue to undo it (art. 304).
The losing party in the court of appeals wants to take the case to the STJ. Because the claim exceeds 500 minimum wages (R$810,500), relevance is presumed (CF art. 105 § 3 III). If it files in 2026 the special appeal fee is R$270.12; filed in 2027 it would be 2 percent, R$40,000 (about US$7,498), under the new STJ rule.

Step by step

1. Check which court system applies: federal court if the Union or a federal entity is a party or for enforcing a homologated foreign judgment (CF art. 109); otherwise the state court, usually where the defendant is domiciled.
2. Retain Brazilian counsel and prepare a power of attorney; documents in a foreign language need a sworn translation.
3. Decide on the opening conciliation hearing: state in the petition if you do not want it, knowing it is skipped only if both sides opt out (CPC art. 334 §§ 4 and 5).
4. If you need urgent relief, file a short petition with evidence of probable right and danger (arts. 300 and 303) and complete it within 15 days.
5. As defendant, raise any arbitration clause in the answer or lose it (art. 337 § 6).
6. Calendar business day deadlines and the 20 December to 20 January suspension (arts. 219 and 220).
7. Budget for 2027 fee changes in federal court and the STJ if your case will still be running then (Lei nº 15.498).

Common traps

Counting calendar days: procedural deadlines in days run on business days only (CPC art. 219), but contractual and limitation periods do not.
Not raising the arbitration clause in the answer, which waives it (CPC art. 337 § 6).
Letting a stabilized urgent order stand for more than 2 years without suing to undo it (CPC art. 304 § 5).
Filing a special appeal without a separate relevance section, which makes it inadmissible (CPC art. 1.035-A § 3, from Lei nº 15.484 of 2026).
Budgeting STJ costs at the old fixed amount: from 1 January 2027 a special appeal costs 2 percent of the updated claim value, up to R$107,332.80.
Treating appeals as suspending everything: judgments granting or confirming interim relief take effect immediately (CPC art. 1.012 § 1 V).

Sources

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