The Internal Law is a crucial tool in the Brazilian legal system, employed to contest individual decisions made by rapporteurs in the judiciary.
It is a procedural tool designed to ensure both jurisdictional oversight and review of decisions in group settings, enhancing the adversarial process and robust defense.
The Civil Procedure Code (CPC) in Article 1.021 specifies that appeals against the rapporteur’s decision will be considered by the relevant collegiate body.
Its aim is to allow a single decision made by a judge to be reviewed by a panel of judges in the court, ensuring increased legal certainty.
Certain requirements must be met for the court to know and analyze the internal will.
- The deadline for filing a claim is 15 business days, as stated in article 1.070 of the CPC.
- The appeal should provide the legal reasoning supporting the decision’s format.
- In instances where justice is provided for free, procedural costs must still be paid.
A model for internal appeal
The enhancement of State X’s Court of Justice to a higher standard.
Case Number: [Proceeding Number]Recorded: [Asset Name]
[Name], who is already knowledgeable about the authors of the writing procedure, respectfully presents this internal appeal against the solo decision stated on page [number of fls.] through their lawyer, as stipulated in the Code of Civil Procedure and Rules of Procedure of this Court.
In what conditions,
He has deviated from his path.
[Location], [Date], [Lawyer’s Name], OAB/[State] [License Number]
State X’s Court of Justice
Reasons for appeal
COURTAL GREEG, COLLEGE OF JUDICIAL CHAMBERS, DISTINGUISHED JUDGES,
I – Storminess
The monocratic decision subpoena was issued on [date of the subpoena] according to the records, making it difficult to appeal within the legal timeframe specified in Article 1,070 of the CPC.
II – The Final Verdict
The disputed sole decision rejected the application of the aggravator based on [the objective summary of the reasoning employed by the contested decision].
Such a choice needs to be revised based on the reasons provided.
III – Appropriate Appeal
The internal appeal against single-judge decisions is suitable to bring the matter before a panel, as stated in Article 1.021 of the Civil Procedure Code.
Reasons for the reform of decision-making.
The disputed ruling was made considering [elaborating on the reason for the decision, such as claimed untimeliness, absence of procedural presumption, substantive nature of the issue].
Such a comprehension warrants examination for the subsequent reasons:
- First legal argument: to point out mistakes in the decision based on legal principles and legal precedents.
- Submit another appropriate basis if available, as per a legal assertion.
- If needed, provide further justification.
The significant impacts of the choice
The negative effects of the decision are significant and cause substantial harm to those involved.
The failure to review this decision will have irreversible consequences for the worsening situation, and the actions of this Honorable Court are crucial to prevent injustice.
VI – The Pedits
It is necessary in light of the information provided:
- The internal appeal receipt and processing.
- The issue is presented to the judgment of the group instead of relying on a single decision to request the desired outcome explicitly.
- Consider reconsidering the monocratic decision in accordance with Article 1.021, § 2 of the CPC if you understand it correctly.
Terms for postponement.
[Location], [Date][Lawyer’s Name] Bar Association/[State] [License Number]
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