47th OAB Exam Practice Flashcards - Civil Procedure

Vocabulary-style flashcards covering the essential concepts, procedural acts, and resources of Brazilian Civil Procedure for the OAB 1st Phase exam.

Jurisdiction

The power-duty of the State to solve or settle litigations/conflicts of interest.

Action (Ação)

The appropriate way for a citizen to provoke the Judiciary to exit its state of inertia and exercise jurisdiction.

Rito or Procedimento

A set of procedural acts established by law that occur between the beginning and the end of an action to reach a solution.

Competence

The limit of acting for jurisdictional bodies intended to organize the exercise of jurisdiction.

Absolute Competence

A type of competence dealing with public interests that cannot be altered and must be recognized ex officio by the judge.

Relative Competence

Jurisdiction involving private interests that can be modified by the will or omission of the parties, generally relating to territory.

Prevenção (Prevention)

A rule used to maintain the competence of a specific judge when there is more than one competent court for the same cause, triggered by the distribution of the initial petition.

Conexão (Connection)

Occurs when two or more actions share a common claim ($pedido$) or cause of action ($causa de pedir$).

Continência

Occurs when two or more actions have the same parties and cause of action, but the claims in one action are broader and encompass the others.

Litisconsórcio (Joinder of Parties)

Occurs when two or more people are parties in the same process, appearing together as plaintiffs or defendants.

Litisconsórcio Multitudinário

A high number of parties in a pole of the action which a judge may limit to prevent delays or difficulties in defense.

Litispendência (Lis Pendens)

The reproduction of a previously filed action that is still pending, involving the same parties, cause of action, and claim.

Principle of the Contradictory

A constitutional guarantee that ensures parties are heard before any judicial decision is made against them, preventing 'surprise decisions'.

Sentença (Sentence)

The judicial pronouncement through which the judge puts an end to the cognitive phase or the execution process.

Decisão Interlocutória

A judicial pronouncement of a decisive nature that does not qualify as a sentence because it does not end the process.

Despacho

Routine judicial manifests practiced ex officio or at the request of a party that cannot be appealed.

Impedimento (Impediment)

A cause of absolute partiality where a judge is legally forbidden from exercising functions in a specific process.

Suspeição (Suspicion)

A cause of relative partiality where a judge may be recused for factors like being an intimate friend or enemy of a party.

Ônus de Sucumbência (Succumbence Costs)

The obligation of the losing party to pay or reimburse court costs and attorney fees to the winning side.

Justiça Gratuita

The right provided to natural or legal persons with insufficient resources to cover court costs, expenses, and attorney fees.

Tutela de Urgência

A provisional remedy granted when there are elements showing the probability of the right and the danger of damage or risk to the useful result of the process.

Tutela de Evidência

A provisional remedy granted regardless of the demonstration of danger of harm, based on the clear and objective nature of the presented right.

Assistência

A voluntary intervention where a third party with a legal interest in the outcome of the sentence aids one of the litigants.

Denunciação da Lide

A third-party intervention initiated by a party to guarantee the right of recourse if they are defeated in the process.

Amicus Curiae

A 'friend of the court' who assists the judge's conviction in matters of high relevance, social repercussion, or specialized themes.

Petição Inicial (Initial Petition)

The plaintiff's first manifestation in court, which must indicate the judge, the parties, facts, legal grounds, and the specific claim.

Contestação (Defense/Answer)

The defendant's proper procedural way to present their defense within the legal deadline, typically $15$ days.

Revelia (Default)

The procedural state resulting from the defendant's inertia in failing to present a timely defense, often causing a presumption of truth of the facts.

Reconvenção (Counterclaim)

A claim presented by the defendant against the plaintiff within the same process to manifest their own related pretension.

Citação (Service of Process)

The act by which the defendant is made aware of the action and given the opportunity to defend themselves.

Intimação (Notice)

The act of giving notice to the parties or third parties about the terms and acts of the process to perform or omit an action.

Preclusão Temporal

The loss of the right to practice a procedural act due to the expiration of the legal timeframe.

Coisa Julgada Material (Res Judicata)

The authority that makes a merit decision immutable and indisputable when it is no longer subject to appeal.

Ação Rescisória

An autonomous action used specifically to attack and rescind a merit decision that has already become final ($coisa julgada$).

Título Executivo Extrajudicial

A document defined by law, such as a check or a public deed, that represents a certain, liquid, and exigible obligation for execution.

Penhora

The judicial act of individualizing and seizing specific assets of a debtor to satisfy a payment obligation.

Apelação

The standard resource used against a sentence ($sentença$) to seek its reform or invalidation.

Agravo de Instrumento

The resource used specifically against interlocutory decisions listed in the law, such as those regarding provisional remedies.

Embargos de Declaração

A resource used to ask a judge or tribunal to clarify obscurity, eliminate contradiction, or fill an omission in a decision.

Recurso Especial

A resource directed to the Superior Tribunal de Justiça ($STJ$) when a decision contradicts federal law or a treaty.

Recurso Extraordinário

A resource directed to the Supremo Tribunal Federal ($STF$) when a decision violates a provision of the Constitution.