‎Brazil News

 

The National Council of Justice (CNJ), unanimously, ratified the preliminary decision of the reporting advisor Mauro Pereira Martins that suspended the practice of the Court of Justice of the State of São Paulo (TJSP) of charging the parties for the costs of judicial conciliators in actions filed in special civil courts.

 

The request for action against the TJSP alleged that some regional forums in São Paulo were issuing ordinances to demand the payment of remuneration for conciliators in demands being processed in special civil courts. For the applicants, the charge offended the principles of free access to justice and morality.

 

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Lawyer Constantino Chahin de Mello Araújo, one of the authors of the request, told JOTA that the CNJ's decision was correct, “since the prohibition of charging any expenses is expressed in Law 9,099/1995”.

 

 

Historic

The decision of the CNJ Plenary is due on October 27th. The previous month, counselor Pereira Martins had granted an injunction request to suspend the charges. At the time, he found that at least two ordinances authorized the charging of parties to pay court conciliators' fees – with the exception of cases in which free justice was granted.

 

The ordinances in question were issued by the judge of law director and permanent magistrate of the 2nd Court of the Special Civil Court of the Regional Forum I of Santana and by the judge of law permanent magistrate of the 1st Court of the Special Central Civil Court.

 

For the rapporteur, the scenario “would distance itself from the rules related to the special court system, especially because Law 9,099/1995 is sufficiently clear in saying that access to the Special Court will not depend, in the first degree of jurisdiction, on the payment of costs, fees or expenses.”

 

In the vote in the CNJ Virtual Plenary, the counselor voted to ratify the injunction and was accompanied by the other members of the Council. Councilors Luís Roberto Barroso, Luis Felipe Salomão, Vieira de Mello Filho, Mauro Pereira Martins, Salise Sanchotene, Jane Granzoto, Marcio Luiz Freitas, Giovanni Olsson, João Paulo Schoucair and Marcos Vinícius Jardim Rodrigues voted.

 

The request for action is processed under number 0005702-48.2023.2.00.0000.