Principle of jus postulandi

ALL 0-9 A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

O law^[4] The right to petition (jus postulandi) is a legal principle in Brazil that allows individuals to file lawsuits, although lawyers are usually required. There are exceptions in labour cases, Special Courts^[1]procedures habeas corpus^[2]certain actions of court^[5] family and administrative proceedings in which the parties can represent themselves without legal representation. These exceptions aim to democratise access to justice^[3] and empower citizens. The principle is limited by specific conditions, such as monetary thresholds and specific judicial jurisdictions. Although it facilitates legal participation, the right to petition remains controversial, with ongoing debates about its scope, the balance between individual autonomy and professional legal expertise, and its potential impact on the quality of judicial decision-making. The fundamental objective is to guarantee the effective involvement of citizens in the legal process, while maintaining judicial integrity.

Terms definitions

1. ↑ Special Courts ( Specialised Courts ) The Special Courts in Brazil emerged from the republican constitutions, gaining prominence with the Rio Grande Small Claims Court in 1982 and national establishment through Law 7.244 in 1984. Constitutional recognition came in 1988. These courts operate on the principles of simplicity, informality and procedural efficiency, dealing with civil, criminal and public finance cases with monetary limits. They have unique characteristics such as collegiate appeal panels and specific procedural rules. The Special Civil Courts manage cases up to 40 minimum wages, the criminal courts deal with minor offences and the public treasury courts deal with state-related civil matters up to 60 minimum wages. The Special Federal Courts have functional jurisdiction over cases of federal interest, limited to 60 minimum wages. Governed by specialised laws, these courts aim to provide faster and more accessible justice through simplified processes and less bureaucratic complexity.

2. ↑ habeas corpus. The writ of habeas corpus is a fundamental legal mechanism that protects individual freedom from arbitrary detention. Originating in England in the 13th century and enshrined in several constitutions, including those of the United States and Brazil, it allows individuals to challenge unlawful imprisonment. The charter serves to ensure that government authorities have legal justification to detain someone, preventing unjust confinement. It can be invoked in a variety of contexts, including criminal and civil cases, challenging unlawful arrests, failure to indict and excessive periods of detention. Although historically limited, its scope has expanded over time to safeguard civil liberties. The courts determine habeas corpus applications on the basis of illegality or abuse of power restricting an individual's movement. The process is relatively informal, prioritising the swift protection of personal freedom. Its significance lies in its role as a crucial check on state power and a fundamental instrument of judicial protection.

Principle of jus postulandi (Wikipedia)

This page cites sourcesbut do not cover all content. Help insert references (Find sources: ABW - CAPES - Google (N - L - A)). (December 2017)

O principle of jus postulandi is the ability that a person has to bring their claims before the courts in the context of the legal system. Justice. No BrazilNormally, only lawyers, and not the parties (people litigating in court), have the "right to postulate" (jus postulandi).

A Constitution Article 133 of the Constitution of the Republic states that lawyers are indispensable - however, there are exceptions, which allow the parties to litigation the right to file their own lawsuits, independent of lawyers, on certain occasions, for example in labour cases (CLT, articles 786 and 791), in accordance with Precedent 425 of the Federal Court of Justice. TST: o jus postulandi of the parties, established in article 791 of the CLT, is limited to the labour courts and regional labour courts, and does not extend to rescission actions, precautionary actions, writs of mandamus and appeals under the jurisdiction of the Superior Labour Court. And also in Special Courts (Law no. 9.099/1995, art. 9) up to the limit of 20 minimum wages.

O habeas corpus is a special case, as it deals with a fundamental right (the right to come and go) and can therefore be filed by anyone (including minors, foreigners, etc.) even if that person is not registered with the Bar Association, has no civil capacity or is unable to apply to the courts (CPP, Art. 654).

A lawyer is also dispensable in actions related to the family court when it comes to maintenance stipulation, maintenance offer, maintenance exoneration, maintenance review and maintenance enforcement.

In administrative proceedings, there is also no need for a lawyer to act in the defence or in petitions.