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The proposal aims to avoid 'forum shopping' and ensure greater legal certainty.

 

This Tuesday, the 14th, the Senate approved by symbolic vote PL 1,803/23, which changes the criteria for defining the place of trial in civil cases. Originating in the Chamber of Deputies, the project was approved according to the report by Senator Eduardo Gomes and now goes to presidential sanction.

 

According to the project, it is essential that the place of trial has a direct connection with the parties' domicile or with the place where the debt will be paid, a good delivered or a service provided. The new measure modifies the current Civil Code, which allows parties to freely choose the forum to file lawsuits, without considering the parties' residence.

 

 

PL rapporteur on trial location, Eduardo Gomes, alongside Senate President Rodrigo Pacheco. 

Senator Eduardo Gomes, in his report, highlighted that the change aims to prevent the practice of "forum shopping", that is, the choice of a judicial forum that may be perceived as more favorable to the party, for reasons such as procedural agility or costs minors. He cited the example of TJ/DF, which, due to its quick solutions and lower costs, attracts demands that are unrelated to the location.

 

The project also establishes that filing lawsuits in random courts can be considered an abusive practice. According to the rapporteur, such recognition brings more legal certainty and avoids conflicting decisions. Furthermore, there may be an ex officio refusal by the judicial body to accept the action, if it notices inconsistency in the chosen location.

 

A drafting amendment proposed by Senator  Wagner was accepted, preserving a CDC provision (law 8,078/90), which allows consumers to file lawsuits in their place of residence, facilitating access to justice and avoiding additional costs. Wagner emphasized that this rule is crucial to protect the consumer, generally the most vulnerable party in legal disputes.

 

link: https://www.migalhas.com.br/quentes/407336/aguarda-sancao-pl-que-restringe-local-de-julgamento-em-processos-civis