Código de Processo Civil Art 42 a 53


TITLE III INTERNAL COMPETENCE CHAPTER I COMPETENCE Section I General Provisions Art. 42. Civil cases will be processed
and decided by the judge within the limits of his jurisdiction, subject to the right of the parties to institute
arbitration court, in accordance with the law. Art. 43. Competence is determined at the moment
registration or distribution of the petition initial, the modifications being irrelevant
the state of fact or law that occurred later, except when they suppress organ
or alter absolute jurisdiction. Art. 44. Obeying the established limits
Federal Constitution, the competence determined by the rules provided for in this
Code or in special legislation, by norms of judicial organization and, still,
as appropriate, by the constitutions of the States. Art. 45. Proceeding the process before another
court, the records will be sent to the court competent federal government if the Union intervenes,
its public companies, municipal entities and foundations, or supervisory board
professional activity, as a party or third party, except
the actions: I – judicial reorganization, bankruptcy,
civil insolvency and accidents at work; II – subject to electoral justice and justice
of work. § 1 The records will not be sent if there are any
application whose assessment is within the competence of the court before which the action was brought. § 2 In the case of § 1, the judge,
not allow the cumulation of requests due to the incompetence to appreciate any of them,
will not examine the merit of the one in which it exists interest of the Union, its local authorities
or its public companies. § 3 The federal court will refund the records
to the state court without causing conflict if the federal entity whose presence gave rise to the shipment
is excluded from the process. Art. 46. The action based on personal law
or in real law on movable property will be proposed, as a rule, at the domicile forum
of the defendant. § 1 Having more than one domicile, the defendant
will be sued in any jurisdiction. § 2 If the domicile is uncertain or unknown
defendant, he can be sued wherever he goes found or in the author’s domicile. § 3 When the defendant has no domicile
or residency in Brazil, the action will be proposed in the author’s domicile, and, if the author
also reside outside Brazil, the action will be proposal in any forum. § 4 If there are 2 (two) or more defendants with
different households, will be demanded in the forum of any of them, at the choice of the author. § 5 The tax enforcement will be proposed
in the defendant’s domicile, that of his residence or at the place where it is found. Art. 47. For actions based on law
real estate is competent the jurisdiction of situation of the thing. § 1 The author can choose the domicile forum
defendant or the forum of election if the dispute not fall on property rights,
neighborhood, servitude, division and demarcation of land and the annunciation of new work. § 2 The real estate action
will be proposed in the forum of the situation of the thing, whose judgment has absolute competence. Art. 48. The jurisdiction of the author of the
inheritance in Brazil is competent for the inventory, the sharing, the collection,
compliance with the latest provisions will, challenge or revoke sharing
extrajudicial and for all actions in which the estate is a defendant, even if death has
occurred abroad. Single paragraph. If the author of the inheritance
did not have a certain address, is competent: I – the jurisdiction of the real estate situation; II – having real estate in different jurisdictions,
any of these; III – in the absence of immovable property, the
location of any of the estate’s assets. Art. 49. The action in which the absentee is a defendant
will be proposed in the forum of your last domicile, also competent for the collection, the
inventory, sharing and compliance testamentary provisions. Art. 50. The action in which the incapable is defendant
will be proposed in the jurisdiction of your representative or assistant. Art. 51. The domicile forum is competent
defendant for the cases in which she is the plaintiff the Union. Single paragraph. If the Union is the defendant,
the action may be filed at the domicile forum author, in the occurrence of the act or fact
that originated the demand, in the situation of thing or in the Federal District. Art. 52. The jurisdiction of domicile is competent
of the defendant for the cases in which he is the plaintiff or the Federal District. Single paragraph. If State or District
Federal Court is the defendant, the action be proposed in the author’s domicile forum,
number of occurrence of the act or fact that originated demand, in the situation of the thing or in
capital of the respective federated entity. Art. 53. The forum is competent: I – for divorce, separation,
marriage annulment and recognition or dissolution of stable bond: a) the domicile of the guardian of a disabled child; b) the couple’s last domicile, if not
there is an incapable child; c) the defendant’s domicile, if none of the parties
live in the couple’s former home; d) home of the victim of violence
domestic and family, pursuant to Law no. 11.340, of August 7, 2006 (Law Maria
da Penha); (Included by Law No. 13,894, 2019) II – the domicile or residence of the person receiving the food,
for the action in which food is requested; III – the place: a) where is the headquarters, for the action in which
is a legal entity defendant; b) where the agency or branch is located,
the obligations that the legal entity has entered into; c) where it carries out its activities, for action
in which he is a defendant society or association without legal personality; d) where the obligation must be satisfied,
for the action in which compliance is required; e) residence of the elderly, for the cause that
on the right provided for in the respective statute; f) the headquarters of the notary or registry office,
for action to repair damage per act practiced due to the office; IV – the place of the act or fact for the action: a) damage repair; b) in which the defendant is an administrator or manager
other people’s business; V – the author’s home address or the
fact, for the damage repair action suffered as a result of an offense or accident
vehicles, including aircraft.

Michael Martin

Leave a Reply

Your email address will not be published. Required fields are marked *

Post comment