Melhores Advogados de Recurso em São Paulo

About Recurso Law in São Paulo, Brasil

Recurso in São Paulo refers to the set of legal remedies used to challenge a court decision. It covers civil, criminal, labor and administrative matters within the state judiciary. In practice, most São Paulo residents engage with Apelação, Recurso Especial, Recurso Extraordinário, and interlocutory resources such as Agravo de Instrumento.

Brazilian resources operate under the national Code of Civil Procedure and related rules. While some resources appeal a decision to a higher court, others address specific rulings by the same court. Understanding the right type of recurso is essential to preserve your rights and ensure timely review.

In São Paulo, resources may travel through local courts, regional courts, and federal courts depending on the subject matter and the court that issued the decision. Digital filing and case tracking are increasingly common due to process modernization across the judiciary. For civil matters, the main route often starts with an Apelação at the state level.

Key sources that outline the framework for recursos include the Brazilian Constitution and the Código de Processo Civil. The Constitution guarantees access to courts and due process, while the CPC 2015 standardizes the types of recurso and timing across jurisdictions. See Planalto for official texts and updates. Lei 13.105/2015 - Código de Processo Civil and Constituição Federal.

Recent trends in São Paulo include broader use of electronic filing and case management systems, particularly the Processo Judicial Eletrônico (PJe). These advances affect deadlines, notifications, and the way partidas de recurso are prepared. For official information on PJe, visit CNJ's PJe page.

Processo Judicial Eletrônico - PJe improves access to courts and reduces delays in many jurisdictions.

Why You May Need a Lawyer

• A civil contract dispute in São Paulo requiring an Apelação after a small-claims judgment, to challenge the outcome in TJSP.
• A business dispute where a federal or state law was misapplied, necessitating a Recurso Especial to the STJ for uniform interpretation of federal law.
• A labor dispute involving a São Paulo employer where a decision in the TRT-2 needs a Recurso de Revista or agravo to preserve appellate rights.
• Criminal matters where an interlocutory ruling must be challenged with an RESE or Apelação Criminal to the TJSP for proper review.
• A tax or finance case in which a São Paulo taxpayer seeks to contest an administrative ruling via a Recurso em sentido estrito or other appropriate recurso to the appropriate court.
• Administrative or consumer disputes with complex timelines and multiple potential recursos where strategic counsel optimizes deadlines and procedures.

Local Laws Overview

The main framework for recursos in São Paulo is the national Código de Processo Civil, which governs how resources are filed, timed, and decided. Lei 13.105/2015 established the standard types of recurso and their general rules across Brazil. See official text on Planalto: Lei 13.105/2015.

In addition to the CPC, the internal rules of the São Paulo judiciary guide local procedures for recursos. The Regimento Interno do Tribunal de Justiça do Estado de São Paulo (TJSP) sets filing formats, deadlines, and submission requirements specific to TJSP decisions. See the TJSP site for the latest version and notices: TJSP.

For labor matters arising in São Paulo, the Tribunal Regional do Trabalho da 2ª Região (TRT-2) governs resources such as Recurso de Revista and Agravo de Instrumento in labor cases. The TRT-2 maintains its own internal regimental rules to manage these recursos. See TRT-2 at TRT-2.

Frequently Asked Questions

What is a Recurso and when should I use it?

A Recurso is an appeal or challenge to a court decision. Use it when you believe a legal error affected the outcome or when a higher court review is required to correct a misapplication of law.

How do I file an Apelação in São Paulo civil cases?

Typically you file via the court's electronic system (PJe) within the deadline. You must present grounds for reversal and attach relevant documents to support your appeal.

When is a Recurso Especial appropriate in SP?

A Recurso Especial goes to the STJ when the case involves a federal law interpretation or uniform application of federal law across the country.

What is the difference between Apelação and Recurso Especial?

Apelação challenges a decision at the state level for civil matters; Recurso Especial seeks national uniform interpretation of federal law in the STJ.

Do I need a lawyer to file a Recurso in São Paulo?

Yes. A qualified lawyer with experience in appellate procedure is essential to prepare the proper grounds, assemble evidence, and meet deadlines.

How long does the recurso process usually take in São Paulo?

Timelines vary by court and complexity. Civil appeals in São Paulo commonly span 12 to 24 months, depending on caseload and interlocutory issues.

What are typical costs to file a recurso in SP?

Costs include court custas, possible fees, and attorney fees. Custas depend on the case value and court; check the latest tabela de custas at TJSP.

Can I file a recurso after a decision in a state court?

Yes, if the decision falls within the types of recurso allowed by the CPC and the TJSP regimental rules for the matter.

Should I consider a lawyer before deadlines run out?

Yes. Missing a deadline can bar your recurso entirely. A lawyer helps track dates, prepare filings, and avoid fatal omissions.

Do I need to prepare a new brief or can I rely on the previous one?

You usually must submit a new brief tailored to the grounds for the recurso and the specific errors alleged in the decision.

Is there a difference between agravo de instrumento and agravo regimental?

Yes. Agravo de instrumento challenges interlocutory decisions to expedite reconsideration, while agravo regimental is an internal appeal within a court's own regimental channels.

What should I know about deadlines for Recurso de Revista in labor cases?

In labor matters, deadlines for Recurso de Revista or related recursos are strict and vary by case. Your attorney should confirm the exact prazo in the TRT-2 regime.

Additional Resources

• Tribunal de Justiça de São Paulo (TJSP) - Official court for civil recursos in the state, including Apelação, Agravo and other resources. Function: administer state civil justice and provide filing guidelines and deadlines. https://www.tjsp.jus.br
• Tribunal Regional do Trabalho da 2ª Região (TRT-2) - Official labor court for São Paulo and surrounding areas. Function: handles Recurso de Revista and other labor recursos within the state region. https://www.trt2.jus.br
• Código de Processo Civil - Governing law for civil recursos, including Apelação, Recurso Especial e Recurso Extraordinário. Function: standardizes resources across Brazil. Lei 13.105/2015

Next Steps

1. Identify the exact recurso you need based on the court and matter type (civil, labor, criminal, or administrative). This clarifies eligibility and deadlines.
2. Gather all case documents, including the decision, evidence, and prior filings. Organize by issue and ground for appeal to speed preparation.
3. Consult a São Paulo lawyer who concentrates on appellate work and understands local TJSP and TRT-2 rules. Ask about prior outcomes and strategy.
4. Request a preliminary assessment of your case and a written plan with deadlines, costs, and expected timelines. Compare multiple lawyers before committing.
5. Confirm the filing method (digital via PJe) and ensure you meet the deadline. Have your attorney verify all procedural requirements.
6. Sign a retainer agreement detailing fees, payment schedule, and scope of work. Ensure you understand how expenses are billed.
7. Monitor the recurso progress with your lawyer and prepare for potential further appeals or responses from the court. Maintain copies of all filings.