Suing in Brazil? Know the 3 costs before you file
Court fees, lawyer fees and the loser-pays rule
Por Lucas Ribeiro Cavalcante — OAB/CE 44.673
Suing in Brazil? Know the 3 costs before you file
Court fees, lawyer fees and the loser-pays rule
Por Lucas Ribeiro Cavalcante — OAB/CE 44.673
Your contract dispute lands in a Brazilian court. First question keeping you awake: how much will this really cost me? For a foreigner, that fear runs deeper.
✘ Mito
Myth: each side pays its own lawyer, like in the US
✓ Verdade
Truth: in Brazil, if you lose you may pay the winner's lawyer too
1%-2%
Court filing fees on the claim value. A USD 100,000 case costs around USD 1,500.
But here is the catch: Brazil is a federation. Each state sets its own table. Two identical lawsuits can cost different amounts in Sao Paulo versus Rio.
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The cost that shocks foreigners most: lose the case, and you owe the other side's lawyer 10% to 20% of the claim.
Court fees (custas)
Your lawyer fees
Loser-pays fees
Dica
Watch the appeal fee, called preparo. Pay the wrong amount or miss the deadline and your appeal is dismissed automatically. Lawyers call it desercao: painful and avoidable.
Does free legal aid exist in Brazil?
Yes. Those who cannot afford costs may qualify for justica gratuita and skip the fees.
Budget your case with confidence before you set foot in a courtroom.