The Internal Law is a crucial tool in the Brazilian legal system, utilized to contest decisions made by individual judges in the courts.
It is a procedural tool designed to ensure both jurisdictional oversight and review of decisions made by a group, enhancing the adversarial process and robust defense.
Against the rapporteur’s decision, an appeal can be made to the relevant collegiate body as specified in Article 1.021 of the Civil Procedure Code (CPC).
The aim is to have a single judge’s decision reviewed by a panel of judges to improve legal certainty.
To ensure that the court can understand and analyze the internal matter, specific criteria must be fulfilled.
- The time limit for filing is 15 business days, as stated in article 1,070 of the CPC.
- The appeal needs to provide the legal reasoning supporting the decision’s form.
- In situations where justice services are provided for free, procedural costs must still be paid.
Internal Appeal Model
Enhancement of the Judiciary in State X
Recorded: [Asset Name]
[Named person], who is already qualified as the author of the written procedure, respectfully presents this INTERNAL APPEAL against the individual decision on page [number of pages], through the undersigned lawyer, based on the relevant legal provisions.
In what ways,
He has deviated from his route.
[Location], [Date][Lawyer’s Name] OAB/[State] [Number]
State X’s Court of Justice
Reasons for appeal
Court of Appeals, Honorable Judges.
Tempestuousness
The monocratic decision subpoena was issued on [date of the subpoena], according to the court records, which made it difficult to file this appeal within the appropriate timeframe specified in Article 1.070 of the CPC.
II – The Decision on the Record
The disputed individual decision rejected the request from the aggravating party based on [the objective summary of the rationale used in the contested decision].
Such a determination should be revised based on the reasons provided.
III – Appropriate Appeal
Internal appeals can be filed against individual decisions to bring the matter before a panel, as stated in Article 1.021 of the CPC.
Reasons for the reform of decision-making.
The decision in dispute was made due to [clarifying the reason for the decision, such as claimed untimeliness, absence of procedural assumption, or the substance of the matter].
Such a comprehension should be reconsidered for the following reasons:
- Legal argument: pointing out errors in the decision based on legal principles and precedents.
- Submit another appropriate justification, if available, as per legal reasoning.
- If needed, provide further supporting evidence.
The Significant Impact of the Decision
The decision has serious consequences for the party involved, leading to detrimental effects in terms of assets, procedures, or other significant aspects.
Failure to review this decision will have irreversible consequences for the worsening party, and the intervention of this distinguished Tribunal is crucial to prevent injustice.
VI – The Pedits
It is necessary in light of the information provided above:
- The receipt and handling of this Internal Appeal.
- The matter is handed over to the judgment of a group instead of a single decision-maker, with a clear request for the desired outcome.
- Consider revisiting the unilateral decision in accordance with Article 1.021, § 2 of the CPC if you comprehend it correctly.
Terms for postponing.
[Location], [Date], [Lawyer’s Name], Bar Association of [State] OAB [Number]
Reduce all components quickly.
Having a prepared template can be crucial for accelerating your tasks. Consider an AI system that can generate personalized legal documents by using only the fundamental details of your situation.
We are a cutting-edge AI platform designed for attorneys seeking to transform their legal practice with impartial and efficient solutions.
At Legal AI, you can quickly obtain a customized document for your case.
Discover the advantages of utilizing Legal AI.
- Produce your process parts more quickly and accurately to improve writing clarity and reduce errors.
- Legal security involves having documents that adhere to constantly updated laws and legal precedents.
- Our artificial intelligence considers the case context and tailors the writing to meet the specific requirements, guaranteeing a strong argument.
- Focus more on strategy by automating administrative tasks and focusing on essential activities like negotiations and decision-making.
The top artificial intelligence for lawyers is available for testing at no cost.
