Practice Areas

Brazil's Higher Courts

Appellate strategy and legal proceedings before the STJ and STF.

When we can help.

Practice before Brazil's higher courts requires attention to the legal issue, procedural history, and each appeal's specific requirements. We assess viability, develop strategy, and represent parties before the Superior Court of Justice (STJ) and Federal Supreme Court (STF), according to the subject and available remedy.

  • Assessing the availability and risks of appeals to the STJ or STF.
  • Preparing legal arguments in the lower courts, addressing prior consideration of the issue (prequestionamento) and preservation of relevant questions.
  • Examining precedents and issues subject to repetitive-appeal or general-repercussion procedures relevant to the case.
  • Organizing representation and monitoring proceedings before Brazil's higher courts.

How we work.

01

Viability and Admissibility

Analyzing the challenged decision, procedural history, and requirements for a special appeal to the STJ or extraordinary appeal to the STF.

02

Appeals and Submissions

Preparing appeals, interlocutory challenges, responses, and other submissions appropriate to the procedural stage and remedy.

03

Researching case law and assessing its application, including legally relevant distinctions.

04

Written Briefs and Oral Argument

Preparing written briefs, monitoring hearings, and presenting oral argument where permitted by the applicable rules.

Strategy starts in the lower courts.

Reviewing the record identifies issues argued and decided, the judgment's grounds, and the appeal's requirements. Prior consideration of the issue, challenges to the decision's grounds, and the application of precedents require attention before the case reaches the STJ or STF.

Appeals to these courts have specific functions and limits. The analysis must distinguish legal questions from a mere reexamination of facts and evidence, while assessing repetitive issues, general repercussion, and the case's particularities.

The practice connects with litigation and the contractual, regulatory, and data protection issues that may reach these courts. Work may be coordinated with counsel handling the case below, defining responsibilities and maintaining continuity in legal strategy.

Meet the partners.

Gustavo Santos de Almeida and Fernanda Trindade dos Santos de Almeida lead the firm. They take part in case assessment, strategy development, and oversight of each engagement.

Meet the Partners