Archive for January, 2015

• Valley Justice

  Date: 2015.01.06 | Category: General | Response: 0

  Civil Special court (JEC) – popularly, known as Court of Small Causes – it has as main objective to become justice most agile, being total gratuitous. However, so that the action can move in this Court, it will be necessary that it takes care of to some criteria. As proper name says, the cause will have to be considered of lesser complexity and it will not be able to involve values that exceed 40 minimum wages. If the value of the damage will be superior to the stipulated one, the plaitiff will not be able to appeal to the JEC, having that to move the action in traditional justice. The cases most common in the Courts of small causes are those that involve act of contract of service that was not effected, eviction and problems with check returned for lack of funds. Valley to remember that nor always she will be obligator the act of contract of a lawyer to enter itself with an action in this court. In case that the value of the action is of up to 20 minimum wages, performance of a lawyer is optional.

  Always aiming at simplicity and the agility, to move an action it is enough that the person is capable, has more than 18 years and presents identity and CPF, congregates some test that serves of base for the claim that will be made, appears to the secretariat of the court and makes the verbal order in writing or. If to find, the plaitiff necessary will be able to have three witnesses, being necessary to consist the addresses of them so that they can be summoned to put down. After registered the order and it delivers documents, the conciliation hearing will be marked in the stated period of 15 days, remembering that not the attendance to the hearing, or even though, a delay generates abatement of action, therefore arrives at the place, at least, with half hour of antecedence. One also remembers that the presentation is important in the hearing, that is, nothing to appear to the court dressing esportivas clothes or paving slippers. In the hearing, it will be made a proposal in agreement.

  If it will have consensus, the case finishes there, but if the parts not to arrive at a consensus, the process follow the proceedings of traditional justice. Valley to stand out that the microcompany also can enter with action the Courts special, following all the rules. However, this not valley for legal entity, who will have to search justice traditional. It is important to remember that the existence of the Court of Small Causes helps to disencumber the courts who are overloaded of processes in progress, as much with respect to common cases how much the cases most complex. Therefore, it is that the cases most common, whenever possible, must be analyzed and be decided through the Court of Small Causes. But, where to find the JECs? They are gifts in fruns and some universities, functioning in the schedule of 12h to the 18 hours. The plaintiff will be able prop it in frum in such a way of domicile of the male defendant, or if to prefer, where this exerts the professional function.