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In fact, the inclusion of a system of precedents will enable the Brazilian judicial procedure to accomplish greater predictability and equality by making use of the same decision in dealing with all parties who may be in similar legal situations with the one that gave rise to the precedent.
This may well be the most important change in the NCPC, and will require much effort and adaptation of legal professionals until it becomes truly effective from a practical point of view. Increasing Procedural Costs for Losing Parties.
In various judicial systems, at the end of a lawsuit, the losing party is required to refund the lawyer fees that were paid by the winning party. Strengthening the Power of Judges in the Enforcement Proceedings.
It grants the judge the possibility of using all the means of coercion and subrogation needed to ensure enforcement of court decisions.
It is hoped, therefore, that the debtor will assist in this implementation in order to achieve rapid and effective results. Better Regulations for Free Justice.
The Brazilian Constitution warrants comprehensive access to the Judiciary, including to people with insufficient financial resources. This system was regulated by Act No.
In order to avoid this issue, on the one hand the NCPC grants judges greater control in awarding this benefit; on the other hand, it allows for partial concessions of this benefit — or even its restriction to specific acts throughout the proceedings. These are a few of the procedural changes that the NCPC has brought forth.
Further achievements of this new statute which may bring future benefits to Brazilian judicial proceedings include the greater value that has been ascribed to constitutional principles as well as the procedural streamlining that is expected to arise through the reduction of formalism. The judge is also allowed to grant the payment of rates and legal costs in installments. II and III.
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