1. Never engage in a negotiation without a lawyer.
Therefore, even if it is a straightforward negotiation, such as the
Why is it so important to have a trusted legal professional to
handle negotiations? The first point I will highlight, regarding the
paramount importance of having a trusted professional for
negotiations, lies in the fact that this professional is
knowledgeable about the legislation. It is crucial that the
professional accompanying you understands the clauses,
examines legal provisions, and focuses on your specific needs.
This approach makes a significant difference because it
effectively prevents future losses. The lawyer should not only
resolve existing conflicts but, more importantly, act preventively
with all necessary precautions to ensure that errors in project
execution do not lead to future conflicts.
The second crucial point to always consider in a negotiation is
not to be in a hurry. I emphasize that it should not be so slow as
to miss opportunities, but also not so hasty as to show
desperation, emotions without reason, revealing that if the
negotiation doesn't close, you will be dissatisfied, offended,
upset, or discouraged. The best negotiations are conducted
calmly, with caution, examining each point, discussing the
contract, thinking and projecting—not too slowly, but also not
too quickly. Even in this, we observe the importance of balance.
And the third fundamental point is even an important biblical
verse: "In the multitude of counselors there is wisdom." These
three factors underscore the importance of always hiring a
lawyer, a prepared professional to assist you in negotiations.
Through these professionals, individuals gain a precise vision and
a more secure understanding of what they are trying to resolve.
purchase of a house, a high-value electronic item, a car, a piece of
land, even if there are not substantial sums or very high values
involved, it is essential to always seek legal counsel to accompany
your negotiation. Most errors, emotional stress, and problems that
we see today, leading to litigation through a legal process, could
have been avoided with the guidance of a competent legal
professional.
Currently, we observe that the Judiciary is overwhelmed with
cases. But why is that? In the past, there was a saying: "A man is
worth his word, a man is worth the handshake."
Back then, when someone gave their word or shook hands, it was
considered law. However, nowadays, even with spoken promises
and written contracts, people sometimes fail to fulfill their
agreements. What happens then? The dispute ends up in the
Judiciary.
Something that draws my attention is the significant backlog of
cases in the Judiciary, leading to delays where the active lawyer
may not always be responsible for the lack of progress in a
particular case. The interest in concluding the case is not only that
of the client; the professional accompanying the case also shares
this interest. If the client's case concludes more swiftly, the client
will be satisfied, likely recommend the professional to others, and,
consequently, if the outcome was favorable for the client, the
professional will also receive a percentage of the successful action
and have one less case to manage.
We, legal professionals, share the same interest as our clients in
ensuring that the legal process progresses as much as the client
desires. So, what happens? We have a principle called the
"reasonable duration of the process," referring to the basic time
for the processing and delay of a judicial demand. It asserts that
the process needs to have a reasonable duration but does not
specify a deadline or date.
With 13 years of experience as a lawyer and an additional 5
years as an intern, totaling 18 years on the same JOURNEY and
FOCUSED ON THE SAME PATH.
I once followed a probate process that, instead of lasting one
year, dragged on for 29 years. Today, extrajudicial probate is
done in a notary office and can take from 30 to 60 days. For this
reason, we must always seek strategies, and in my professional
view, the most important strategy for lawyers can be
summarized in 4 points:
1st Point: Do not let the process run without daily monitoring,
do not let the process "run loose," meaning it progresses
unattended, without being monitored. The lawyer should always
observe and keep the client informed about the progress of the
case.
2nd Point: The lawyer should conduct diligences. What are
diligences? They are conversations and inquiries made by the
lawyer or their interns with court clerks, judges, and assessors to
prevent the process from stagnating in the office, to ensure it
does not remain forgotten, awaiting a solution without any
attempt to expedite it.
3rd Point: Support from the client and those involved. Not only
can the lawyer carry out diligences, but anyone can conduct a
simple online search for the name of the notary office and its
phone number. Calling to inquire about the process and requesting
expedited processing can be done by anyone. While some offices
may direct clients to their lawyers, persistence in seeking
information often pays off. It is also possible to research emails
from the office and send messages requesting expedited
processing.
4th Point: Something more serious that can be done is to go to the
ombudsman of each court and also file a complaint, a
representation against the judge for the delay of that process with
the National Council of Justice. In this case, the judge will have to
respond to an administrative process, which is more complex.
In our office, we carry out these procedures, even for other
lawyers or individuals who are not clients but have hired the office
for specific purposes, such as filing a representation request to
expedite the process. I always emphasize that this procedure
should be considered as a last resort.
What brings about the most positive results when dealing with a
lengthy legal process? There's a parable that catches my attention
in the Bible, mentioning an unjust judge. It goes:
"And he told them (Jesus) a parable to the effect that they ought
always to pray and not lose heart. He said, 'In a certain city, there
was a judge who neither feared God nor respected man. And there
was a widow in that city who kept coming to him and saying, 'Give
me justice against my adversary.' For a while, he refused, but
afterward, he said to himself, 'Though I neither fear God nor
respect man, yet because this widow keeps bothering me, I will
give her justice so that she will not beat me down by her continual
coming.'"
In other words, the ideal approach is to ask your lawyer to go in
person and try to expedite the process, assisting you in whatever
way possible.
3. Instances of Financial Accounts
Blocked by the Judiciary
Let's now delve into the topic of online blocks carried out
through judicial systems.
The Judiciary has various online blocking systems, and there are
three common ways these online blocks occur.
But what is online blocking? Online blocking is a procedure
carried out by the judge, formerly known as BacenJUD and now
referred to as SisbaJUD (Judiciary Asset Search System). Through
this system, the judge searches for CPF (Brazilian ID number) or
CNPJ (National Register of Legal Entities) to locate funds in
accounts such as checking accounts, investment accounts,
savings accounts, term deposit accounts, and various assets
under the administration and custody of participating
institutions.
Many people are caught off guard because they have lawsuits in
their name and do not seek a professional to issue procedural
certificates monthly. In other words, they are not notified and
are unaware of the legal process, sometimes due to a change of
address or other related reasons.
In practice, the legal process progresses with complete
unawareness on the part of the individual being mentioned,
continuing even after the judgment and final decision, thereby
blocking funds in the account.
Can you explain how the freeze works in more detail?
The judge, using their system login, issues an order to search and
freeze. In the case of bank accounts, they become frozen, and you
can no longer make any transactions in your bank accounts. It is
truly a significant distress because this system called SisbaJUD has
a feature known as the "persistent" (teimosinha), which searches
for values every day for a period of up to 30 days, with the
possibility of renewal for new periods.
In the past, this system used to freeze an account for only one day,
and for the rest of the days, normal account transactions were
allowed. The money was held for one day, and on other days, the
account could be used normally.
With the current "persistent" feature, the same freeze occurs
every day during the period determined by the judge. There are
three scenarios where people are often surprised to find their
accounts blocked:
1. **Frequent Occurrence in Companies:** Companies often have
their accounts blocked, mainly due to labor lawsuits that were not
properly monitored. Judges may request piercing the corporate
veil, reaching not only the company's assets but also the personal
assets of individuals who are company shareholders. It's also
common for judges to accept the theory of a hidden partner or a
"frontman," known colloquially as a "laranja," and block the
account of that person.
This blockage can be a significant shock, especially when a
person has all their money in that bank and no financial reserves.
They are truly left helpless.
2. **Enforcement of Alimony Payments:** The SisbaJUD can be
used to search and block the bank account of a debtor in arrears
of alimony payments, whether it's a father or a grandfather.
3. **Due to Any Debt:** This could be due to any debt, such as
unpaid taxes, a judgment in a civil case that proceeded in
default, or the execution of an extrajudicial title. I emphasize
that those who are proactive, govern their affairs, and monitor
situations can often avoid these issues, especially if a company
or individual has quality legal assistance.
In practice, the legal process progresses with complete
unawareness on the part of the mentioned party, continuing
even after the judgment and final decision, thus blocking funds
in the account.
Can you explain how the freeze works in more detail?
The judge, through their system registration, issues the search
and freeze order. In the case of bank accounts, they become
frozen, and no transactions can be made in any of the bank
accounts. It's truly a significant distress because this system
called SisbaJUD has a feature called "teimosinha," which
searches for values every day for a period of up to 30 days,
renewable for additional periods.
In the past, this system would freeze an account for just one day,
and the rest of the days allowed normal account transactions.
The money was retained, but on other days, the account could
be used normally.
With the current "teimosinha," the same freeze occurs every day
during the period determined by the judge.
There are three common scenarios where people are surprised
by having their accounts frozen:
1st scenario: It frequently happens that companies have their
accounts blocked, mainly due to labor lawsuits that were not
adequately monitored. It is common for the judge to request the
disregard of the legal entity's personality, affecting not only the
company's assets but also the assets of individuals who are
shareholders. It is also common for the judge to accept a theory,
for example, of a hidden or "dummy" partner, popularly known as
"laranja" (orange), or that someone (other than the account
holder) is moving money, leading to the blocking of that person's
account. This freeze can be a significant shock, especially when a
person has all their money in that bank and has no financial
reserves. They truly become helpless.
2nd scenario: It is the enforcement of alimony when the father is
in arrears with these payments, or the grandfather, etc. SisbaJUD
can be used to search for and freeze the debtor's bank account.
3rd scenario: It could be due to any debt, such as a tax debt, a
judgment in a civil case that proceeded in default, or the execution
of an extrajudicial title. I reiterate that those who anticipate,
govern, and monitor situations, which can mostly be avoided,
especially if the company or individual has quality legal assistance
from a Legal Department.
It is crucial to have legal assistance because a trusted lawyer will
check your name through your CPF in all systems nationwide,
issuing certificates in all of them. This ensures that you will never
be caught off guard by any legal process. Of course, there are
cases that run under judicial secrecy, making it genuinely
impossible to detect. When accounts are frozen, we need to
present legal remedies, among which the most common is the
so-called "Embargos à Execução" (objections to execution).
However, there is also the possibility of an "exceção de pré-
executividade" (pre-execution exception), which is another type
of measure that does not depend on the court's guarantee.
Depending on the specific case, we also have what is called
"embargos de terceiro" (third-party objections). This occurs
when a third party, who is not part of the process where the
order of attachment originated, and has no idea what is
happening, is simply caught off guard by the attachment of their
assets. For all these measures, which involve a specific case, it is
necessary to evaluate the process itself in a unique and detailed
manner because each case is unique.
4. The Importance of Child Custody. What to Do When the
Parent Hinders Access to the Child?
In this topic, we will discuss some aspects of the importance of
taking legal action for custody for those who have a child but do
not live together with the other parent. I received an interesting
case in the office that caught my attention: a father took the
child for an outing and simply did not return them. When the
mother sought guidance from the Child Protective Services, she
couldn't resolve the issue. But why?
Here's what they said: "Since you don't have a defined custody
arrangement, no official agreement in writing or any document
to that effect, he is also a parent like you, the mother. The one
who needs to resolve this issue is the Judiciary."
If you are not married, or if both parents do not live together with
the child, it is important to officially define who will have custody
of the child. We know that hindering one parent's access to the
child can also be characterized as parental alienation. The lack of
definition of custody, the right to cohabitation, and visitation
through the assistance of a lawyer makes it difficult to quickly
resolve issues involving the exercise of parental authority
concerning the child.
There is a need for the regulation of visitation rights to be legally
protected. If a parent refuses to return the child, making it difficult
to share the child's life and decisions, you will be legally protected.
So, what can be done? An action called "search and seizure of the
minor" can be filed, making it easier to obtain a court order. If
possible, resorting to law enforcement to retrieve the child.
For those experiencing this situation without a legally defined
custody, they will have to file an action to discuss who will have
custody of the child. They will need to show what happened and
provide evidence, such as WhatsApp conversations, email
conversations, and photos.
However, legal procedures are meant to be quick, but when it
comes to legal processes, delays are expected. What is my big tip
today? For cases of separated parents or those who have never
lived together, my recommendation is to file a custody and child
support action through a trusted lawyer, with the local Public
Defender's Office, or seek a legal practice center at a university for
free services. Obtain the necessary guidance to define the rights
and duties of both parents of the child.
It is necessary to quickly restore a consensus between the
parties to safeguard your rights, avoiding pain and future
problems on the subject.
Is it necessary to have information about a person and their
location to initiate legal proceedings against them? We know
that there are various cases in which we don't have the
defendant's location; there are even cases where we only know
the defendant's nickname or their first name, and others where
we have no information about the person at all.
For example, if someone damages your car and you have the
license plate number but not the address, you can state in the
lawsuit that the address and name of the person are unknown.
In this case, you should request from the Judiciary the
information through various systems like InfoJUD, allowing the
judge to locate the person.
**1st step:** The most important thing to do when processing
someone whose information is unknown is to seek specialized
help from an experienced Civil Procedure lawyer.
There are judicial and extrajudicial means of location. Lawyers
who focus on technology can use various location systems that
often allow locating a person with just their phone number.
**2nd step:** You can use social networks. There are cases in
Brazil, for example, where someone was served a legal notice
through their social media exposure.
The attention goes to the technological advancements that make it
possible to perform a procedural act that usually takes weeks or
even months when the person's address is unknown.
**3rd step:** Importantly, you can ask the judge to request
information from the Electoral Justice, the power company (such
as Coelba in Bahia), or even cellphone companies to obtain the last
known address of the person.
You have thousands of ways to obtain the location of that
defendant or person you want to sue. Let's analyze a hypothetical
case:
If someone borrowed money from me, and I trusted their word
without any written documentation or personal information
recorded, and now they've disappeared, can I initiate legal
proceedings against them?
The answer is yes, it is entirely possible nowadays through the use
of location technologies.
4th Step: Registering even WhatsApp conversations in a notary's
office to enhance the quality of evidence, providing public faith
through the notarized document. This highlights how interesting it
is to realize that there's always a way to achieve what many
consider impossible.
The person going through this situation should seek a specialist in
their region, the public defender's office, or even a legal
department at a university to get guidance on obtaining such data.
You'll be amazed at how judicial technology is used by lawyers: this
tool has advanced extraordinarily to facilitate the procedural
aspects of legal processes.
 There's a Latin principle that says "Verba volant, scripta manent,"
which, translated literally, means: "spoken words fly away, written
Did you know that your CPF (Brazilian taxpayer registry
words remain" or "spoken words fly, writings remain."
identification) may be used by criminals and scammers to open
prepaid phone lines? Through this, they can register these lines
and the physical SIM card in a cellphone, gaining access to bank
Even today, people, including business owners, tend to engage in
accounts and services.
everyday transactions without proper documentation. Some may
only record things on WhatsApp, while others may not even do
that and fail to seek prior advice on those contracts. And what
Anatel regulates telecommunications issues in Brazil in
happens?
partnership with some companies such as Oi, Claro, Tim, and
Vivo. They have opened a website called:
www.cadastropre.com.br. The person experiencing this fraud
As the popular saying goes, "They do everything by word of
can check their CPF and see if it is linked to any line or number
mouth." In the past, there wasn't as much reliance on written
they simply don't recognize. When your CPF is linked, the
contracts, and everything was done based on verbal agreements.
website will notify you. The service performs updates usually
Over time, issues arise due to the lack of an official record, and
every 30 days.
individuals need to turn to the Judiciary to recognize or even
defend themselves against the problems that arise.

By conducting a simple check through the website, the affected

person can prevent falling victim to the chip scam, avoiding
I recall a saying people often share: "I give my word." The spoken
headaches. We have observed that criminals gain access to
word had so much force that to demonstrate a commitment to
banks, confidential information, email accounts, and all these
keeping a promise, one would pledge their word, often symbolized
details by using the CPF linked to a chip, posing as the real
by the fio do bigode (whisker). Nowadays, even with contracts
owner of the CPF.
signed by the parties involved, people tend not to honor their
word. This underscores the importance of formalizing a document
that ensures the fulfillment of agreements between parties.
This fact is of utmost importance, and obviously, you need to
stay vigilant. With a simple search of the information, you can
avoid significant problems.
While there are basic transactions that can be conducted without
The main reason why legal actions are brought before the professional guidance, it is generally not advisable to engage in
Judiciary is a simple one, and I believe you've encountered it as significant transactions without the assistance and guidance of a
well. While there are countless reasons why individuals may legal professional who can advise on the proper procedures.
need to utilize the Judiciary, we can't possibly list them all here.

There is another form of contract formulation known as a

"contrato de gaveta." In this scenario, people create contracts,
don't register them, don't verify what is valid or not, and can
potentially bring problems upon themselves.
Some problems are trials, deserts, and opportunities for
learning. However, others are caused by individuals themselves,
often due to misinformation, as no one is granted the right to be
unaware of the law.
What concerns me are the uncertainties people have regarding
urgent protection orders or injunctions.
An injunction represents the opportunity for the person filing a
legal proceeding to bring forth a decision at the beginning of the
process that would typically only come at the end. For instance,
if someone failed a public job competition and needs to move on
to another test.
They file a writ of mandamus, request an injunction, without
notifying the other party, who would be the respondent in the
mandamus. The judge grants the injunction while the process
proceeds regularly. An interesting detail is that the injunction
decision can be issued within two to three days, sometimes even
within a few hours, as seen in certain cases, allowing the person
to move on to the next phase of the competition.
Another example is when someone is wrongly listed on credit
bureaus like SPC or Serasa. The person has had no dealings with
company "y," and yet, this company is reporting them as a
defaulter when they don't even have a debt. What action should
the person take to avoid waiting for the end of the process,
which could take 3 months, 6 months, or a year, depending on
the case? The judge receives the action and can grant an injunction
for the immediate removal of the person's name from the default
registry. If the company fails to comply with the injunction, the
judge may impose a fine. I've witnessed daily fines of 20 thousand
reais. Imagine someone needing emergency hospitalization, and
either the health plan or the public health system lacks available
space or the proper regulation for admission. You urgently need
that approved treatment from the health plan. What's the
solution? File a legal action and a request for a preliminary
injunction. This is essentially a request for an injunction.
There are various methodologies and forms of injunction decisions
that compel the other party to comply with them under penalty of
a fine. The judge may oblige the other party to grant that right
quickly, within 5, 6, 8, 24 hours, or 2 or 3 days, depending on the
specific case.
I wouldn't know how to work without preliminary injunctions
because processes sometimes tend to take a bit longer, and if we
don't have an early decision, a decision requesting a document, a
trip abroad, that person loses that right because the injunction
wasn't requested.
It's important to note that you should always check if an injunction
is applicable in the case you filed, if an early decision is applicable.
Another important fact is that if the judge denies your right at the
beginning, you can also file an appeal called an "instrumental
appeal" in the common judiciary, and if it's in small claims court,
you can file a writ of mandamus for the second-degree judge to
reconsider the injunction request denied by the first-degree judge.
Another example: when filing for child support. Ideally, the
judge should grant that injunction in 3 or 5 days because the
adolescent or child, the person receiving the child support, even
the ex-spouse, needs to eat and cannot wait for the process to
finish after years and months for the decision to be issued.
Another case that frequently occurs, for example, is the loss of
an account on Instagram, TikTok, YouTube, Facebook, LinkedIn,
or email. The person will file an injunction and request, through
this application, the immediate restoration of the account. The
process can continue, and there's no issue in also discussing
moral damages, among other things.
Another option is asset freezing. For example, the person who
defrauded you is depleting their assets. You can then request a
judicial decision to freeze that person's property, freeze their
bank account, freeze the car's sale, to safeguard your future
reimbursement right, which should not be lost due to process
delay.
People ask if there's an injunction for compensation money.
Does it exist? I've seen some absurd things, like once when a
judge seized 200 thousand reais in a client's account, issued the
order, and transferred it to another party... But that's an
exception, not the rule. As a rule, the judge won't grant an
injunction for the freezing and release of money. They may
safeguard the right, such as in the case of a car financing review
when someone wants to pay smaller installments while still
using the car without repossession. What can you do? Request
an injunction to continue possessing the car and request to
make the deposit.
From my experience in Law, dealing with judicial processes—over
3,000 cases in 12 years, not counting the 5 years as an intern—I've
noticed a fundamental element lacking in the practice of law. I'm
not talking about a specific lawyer, but generally about all lawyers
with whom I converse. The name of this element is focus.
Where you focus, it expands. You need focus for absolutely
everything. I always advise the lawyers in my office, the ones I
train, that it is necessary and elementary to have focus on the
client's demand.
Focus on the client's demand doesn't mean letting them talk for 5
hours without direction, just absorbing a lot of information and
not getting anywhere. Or even going in circles that lead to no
solution. Focus is preparing to serve that client, putting all your
strength, all your determination, and everything you've learned to
build the story and the project of that client, giving them direction.
Of course, not all clients will accept all your directions, but the
most important thing is to always present to your client the legal
position, what the law says, with a lot of focus, good faith,
transparency, honesty, and solidarity, putting yourself in the
client's shoes, practicing empathy.
Sometimes I see lawyers attending to clients haphazardly, worrying
about processing the case and then leaving it aside. If you act like
this, it's better not to take on a case. I reaffirm that it's better to
take on a case, a single client, and do something extremely well
than to advise 10,000 clients and not handle any of them well, not
even the one for whom you could do a noticeably more qualified
job.
Law requires, to a certain extent, as I mentioned earlier, focus,
and this focus must be on the quality of the business. The lawyer
must outline their strategy, ask the client what they think,
engage in a dialogue with the client, understand their
perspective, inquire about witnesses, other documents, teach
them how to use prevention in their case and others, and create
a strategy together with the client.
Remember: haste is the enemy of perfection. You can't be too
slow and lose the feel for the legal business, but you also can't
be too fast, to the point of overlooking values and ethics—
important factors in the lawyer-client relationship. Because I
always say that the values for the action, perhaps not life values,
but values for the legal process and business, they need to be
similar, like partners in a company. You have to act with
sincerity, truth, transparency.
In this discussion, we're going to delve into a crucial subject,
which is inheritance, particularly when siblings find themselves
in a true conflict over the assets left by deceased parents.
What's essential to emphasize? Inheritance is worse than
marriage. Marriage starts with "my love" and eventually becomes
"my possessions." What catches my attention, and is highly
important to note, is that people tend to linger in disorder and
informality. My advice is not to stay in informality; document the
disposition of assets because, with the request for probate,
whether judicial or extrajudicial, you will bring order and direction
to the inheritance situation.
You will effectively record the state of the assets left behind,
preventing future conflicts. Probate can be carried out in two
ways: extrajudicial, documented in a notary's office, which
typically takes two, three, four, or a maximum of five months; or it
can be done judicially. What's the situation? In cases, especially
when there's a minor child and disputes, it must be done in the
judicial form.
The extrajudicial method is more straightforward when there is a
consensus among the heirs, and the assets are already defined.
Through probate, we'll list the assets, preventing them from being
leased by just one heir. We'll also investigate if there are values
beyond physical assets, such as cars, houses, or lands. We'll look
for any values in bank accounts, pensions, something we couldn't
achieve without the Judge's Office.
In probate, there is a tax called ITCMD (Tax on Transmission
"Causa Mortis" and Donation), which is the tax imposed on the
non-onerous transfer of assets or rights, as occurs in inheritance or
donation.
It's crucial to note that the State Secretariat sets the tax payment
rates.
Conducting probate is essential because, right after its
completion and filing, the judge will appoint an inventory
administrator. Who is the inventory administrator? This is the
person responsible for gathering all the information for
everyone's access and will be accountable for sharing this
information alongside the attorney.
A person says the following: "I was dating a guy, and when we
broke up, he requested the recognition of a common-law
marriage. What's the solution?"
1st Point: The preventive solution when dating, considering the
enormous number of common-law marriage requests arising
nowadays. When you spend nights at each other's homes, spend
days together, and have this suspicion, the most interesting
thing to do, even as a precaution to avoid future problems, is to
create a dating contract, which can consist of one or two
clauses. This way, you specify that the parties are only dating
and that there is no establishment of a common-law marriage
and, consequently, no right to the division of assets and other
rights related to the cohabitation situation.
This will prevent the other person from filing a lawsuit seeking to
recognize the common-law marriage. Why? When they are in a
cohabitation situation and live together, it allows the person,
upon separation, to file a lawsuit and claim alimony.
Imagine dating someone, as was the case with this girl, and
cohabiting with this guy. The guy now claims the right to half of
the wealth she earned, that she built while they were together,
and requests alimony.
Imagine the turmoil that this entails! So, anyone in a relationship
should start by doing what is right. I believe the person you are
dating will not be upset with your decision, especially if it's made
with a pure heart and in complete good faith. This decision
protects and helps everyone.
As for common-law marriage, even if the couple lives together and
builds a life together, even if there's no official written
documentation of this union, one can simply file a request for the
recognition of a common-law marriage. This will officially register
that relationship. If there's no specified regime, whether total
universal community property or complete separation of property,
one is entitled to half of the assets held by that person.
During the joint building of assets while cohabiting with a partner,
one has the right to half of the assets. They should seek this right
and also the right to alimony through the judiciary.
It's crucial to gather photos, create a notarial record at the registry
to validate WhatsApp conversations, collect emails, bills arriving at
the shared residence, correspondence, three witnesses. All these
documents are valid for filing a recognition of common-law
marriage. If the regime of the common-law marriage is not
specified, the partial property regime will apply, meaning half of
the assets will belong to him, and half will belong to her, provided
they acquired that wealth during the course of their relationship.
There's a natural human anxiety about what happens after the
client signs the contract. Clients often ask about notarization,
whether digital signatures are valid, and more. We know digital
signatures are valid; you can use a reputable app to sign or print
the contract or power of attorney. You can even take a photo, as
these virtual signatures hold full value. Therefore, as lawyers,
notarization isn't necessary.
After the client makes the payment, urgency is crucial, and we
swiftly start sending documents and reports to begin drafting
petitions. Early in my 18-year career, I witnessed lawyers taking
months to file, causing my dismay. The lack of infrastructure
back then compared to the current setup with GB (Greater
Bureau) is evident. GB provides a larger structure, better
organization, and efficient administrative and production
departments.
I introduced a clause in our contract stating that we file within
10 days. However, with GB, we've achieved record times of 24
hours. Even for complex petitions, we often manage to draft and
file in as little as 3 hours.
Once, a client's daughter urgently needed hospitalization. The
client paid at 7 PM, and we filed the injunction by 9 PM,
obtaining it in 3 to 4 hours. Typically, this is where client anxiety
begins, eager to know the protocol in the system.
The initial petition, which we produce, is sent to the client for
review, accompanied by relevant documents, before filing it in
the system. In consumer courts, things tend to proceed more
smoothly. The conciliation hearing and, often, the instruction
occur in one go. Here, witnesses testify, and parties explore
settlement possibilities. If an agreement is reached, the judge
reviews and approves it, concluding the process.
The joy from a favorable judgment might be short-lived, though.
Appeals, called appeals in the lower courts, can be filed by either
the winning or losing party. The client often asks about covering
appeal costs. In small claims court, the first phase is typically free,
and we usually request and are granted fee waivers for appeals.
However, in regular court, fee waivers need to be requested from
the outset.
For prime clients, such as business owners or celebrities, they
usually cover the process costs, directing any recovery to the case
rather than the attorney. After the appellate decision, there's still
room for further appeal through Special Appeal, often heading to
the Supreme Federal Court.
The most crucial factor is diligence. While the case is in court, we
continually send emails, make calls, schedule meetings, and, if
needed, visit personally. This constant follow-up is essential as
clients may not understand the delays inherent in the process. This
delay occurs because there's a specific procedure to follow.
In summary, this is the procedural flow, and diligence is key. No
one wants to hire a lawyer for a process that lasts 20 years. We
remain vigilant throughout the proceedings, ensuring clients see
resolutions rather than just starting a process and never witnessing
its conclusion.
I recall my time as a law student interning at the public defender's
office, where a significant project I undertook involved researching
Air Ambulance Intensive Care Units (UTI Aérea).
Individuals in public hospitals, more often than not, lack health
insurance, and even if they have it, it may not cover certain needs.
When a person requires treatment only available in another
state, the state, through conventional legal channels, typically
hesitates to facilitate the transfer via a helicopter equipped with
a UTI, as they are reluctant to bear the costs of such
transportation.
We managed to address this issue through an injunction. In
other words, the right to health is guaranteed by the 1988
Constitution. As a specified and enumerated right in the
Constitution, the state is obligated to promote health and
ensure its quality.
We were able to secure nearly all types of treatments in Brazil
through an injunction. Clients can approach the Public
Defender's Office in their city, seek assistance from their trusted
attorney, or even visit a private institution to obtain the required
treatment.
And you will get the treatment. This injunction for obtaining
medical treatment via Air Ambulance ensures that the state
transfers the patient to the state where the necessary treatment
is available. In such cases, the state itself, as seen in Bahia and
São Paulo, covers the expenses for the needed treatment. This is
crucial because it has the potential to save many lives.
Existem lawyers hired to accompany the company with a specific
purpose, whether in the purchase and sale contract of a
property, in structuring its employees, or in monitoring and
supervising its service providers.
The entrepreneur can also take a step further and establish a Legal
Department within his company, relying on a lawyer who
accompanies him day by day, over the years. It will be that
structured legal department that will provide daily assistance. And
nothing prevents, in fact, the Legal Department within your
company from hiring lawyers outside the company who, together
with those lawyers within the company, will perform the legal
work, bringing greater security and transparency to this legal
advisory.
The main benefit of an integrated legal service, connected to your
company, is the focus and quality of the work delivered by
professionals because when we often hire external law firms,
obviously, that external firm has many demands. In contrast, the
legal department within your company, even when working on
external tasks, is exclusive to your company.
We observe that there is notably greater focus, and, of course, if
there is greater focus, there is also a concentration of ideas and
efforts. For the structural causes of the company, we will
undoubtedly have better service quality, discipline, constancy, and
focus. Detail: often when cases are worked on together, they are
driven by talent. There are talented individuals, but they do not
focus on the business, and by not paying attention to the business,
not focusing on that demand, failing to put all their potential and
knowledge into daily challenges, they end up not giving their best.
Thus, one of the most important and fundamental things in our
work is focus, focusing with all strength on that business. Note this
phrase: "Whatever comes into your hands, do it well, as if not for
men, but for God himself." Hence the importance of focusing and
putting all effort and dedication into that specific case.
New, young lawyers at the beginning of their career in law often
do not have this possibility and end up focusing on various
subjects at the same time, criminal, family, tax, labor, handling a
series of demands, obviously because they are at the beginning
of their career and cannot, obviously, choose one or two
demands to act more directedly.
On the other hand, lawyers with a larger structure gathered
throughout their professional journey direct their work and
know that nothing happens overnight: career structuring takes
time, it is a long period. Planting is not fast, the fruits blossom
point by point.
Lawyers with a better structure can dedicate more time to those
demands and qualify them better. Another fundamental point in
addition to focus, quality, and dedication is professional loyalty,
that is, the client being with a professional who can walk with
him day by day, experiencing what is happening, accompanying
the dreams and basic needs of his company. With this daily
follow-up, business vulnerability is reduced, and notably, the
results are greater, reducing risks and accumulating this sum of
professional factors that seem simple but are not.
By accumulating all this professional sum, the entrepreneur
achieves better quality in his work activities, with fewer
problems, higher profit, and a more satisfactory journey in the
company, offering his products better.
For safety, I always advise people not to carry many cards in
their wallet: if you know you won't make large purchases, don't
take many cards. And if you have to take a card, take only one,
preferably a credit card because, sometimes, with the theft of a
debit card, criminals have the ability to use it in an ATM and track
all your transactions and types of investments. There are gangs
that can even request credit that is already pre-approved. The
perpetrator can move money from your account at an ATM,
sometimes even threatening the customer in person, making them
take out a loan and allowing access to their banking applications.
With a credit card, it's different because even if the scammer goes
to the ATM, they can't access your investments. They will have
access to a specific limit available on the card. So, don't go out
with many cards because you may even lose them, leading to
another problem. Some people carry 10, 15, or 20 cards in their
wallet or purse, making their own lives more difficult.
I notice some mistakes that every law student makes in the early
moments of their career. For this reason, I list below 3 important
points of care that need to be observed:
1st point: Humility. Remember that you are always learning, and
no one knows something so well that they cannot learn more.
2nd point: Respect. Treating people with respect is fundamental.
People often confuse being submissive to rules with bureaucracy.
Even though this happens, you must treat people with respect and
always take a stand on your work. Take a stand as a law student,
take a stand as a practicing lawyer, take a stand as a Bachelor of
Law. Always, as a servant of justice, take a stand.
3rd point: Focus. Always put a lot of focus on your task. If you are
going to do a diligence at 8 in the morning, wake up earlier, study,
focus on that diligence, prepare yourself, take a notebook for
those diligences, in short, always have a lot of focus on that task.

In summary, the first point: always be humble to learn. The
second point: treat the person next to you, in need of justice,
with respect. And the third point: act with focus and dedication.
I always tell people who own properties but don't use them that
the property needs to fulfill the social function of ownership; it
cannot remain vacant. And if it stays vacant, there should always
be someone to supervise, observe who is there, and prevent,
including, the entry of that person into that property. It is
essential to note that it is necessary to have what we call
"usucapião domiciliar" (home usucaption). That is, if you stay
away from a particular property for two years, it is indeed
possible for someone to file a home usucaption lawsuit and
notably gain access to that property.
When it comes to usucaption related to a family, we have the
concept of home usucaption, related to a period of two years. If
you file for divorce, there is no problem at all. The issues I am
addressing arise when you don't file any type of action, don't
notify through a competent professional, and simply reappear
two years later.
If you have a property on the coast or any other place, a
property you don't use, and someone has invaded it, then you
will face what is known as home usucaption. But beware: the
problem is not remaining vacant; it is someone invading and
staying. If this invader stays for five years, they may also face the
issue of usucaption.
The term "concluso" in legal proceedings is one of the most
common sources of confusion regarding nomenclature.
But what does the conclusion of the process mean? It means that
your case has likely moved from one stage and, through a clerk or
some court official, has been forwarded and delivered to a judge.
In the "conclusão" stage, it signifies that the case is now in the
hands of a judge or magistrate, awaiting a decision.
So, when the court's tracking system indicates "conclusão no
processo," it doesn't imply that you've won or lost. Instead, it
signifies that the case is in the queue for the judge's decision. After
the "conclusão" stage, you may observe entries such as "decisão"
(decision) or "despacho" (order), which are additional terms and
terminologies that should be studied.
The "concluso" stage is one of the frequent sources of confusion in
legal terminology.
But what does the conclusion of the process mean? It means that
your case likely moved from one stage to another and, through a
clerk or some court official, was directed and handed over to a
judge. In the "concluso" stage, it signifies that it's in the hands of a
judge or appellate judge for a decision.
Therefore, when the court tracking system indicates "concluso" in
the process, it doesn't imply that you've won or lost; rather, it
indicates that the case is in the queue awaiting the judge's
decision. Following the conclusion, you may notice the terms
"decision" or "ruling," which are other phrases and terminologies
worth studying.
Many refer to it as the "peça vestibular," that petition which is
one of the most crucial in the legal process because it marks the
beginning of the proceedings. This petition should be drafted
with care and attention by lawyers and interns.
The petition should be sent to the client for their review and
observation. While the legal issues might be challenging for the
client to identify and comprehend, the historical aspects are best
articulated by the client themselves to confirm if the events
unfolded as described. In the initial petition, you'll find the
addressing of the judge, the details of the plaintiff, known details
of the defendant, the facts of the case, the legal basis, and the
requests. For this reason, this document is so important and
fundamental.
This notification is not a summons, as we observed in the legal
process, but merely a tool used to inform a person about a
request, make a communication, or attempt to resolve a conflict.
In fact, it's an action that you can even do without a lawyer, but I
never advise you to take the risk without a lawyer. I always
recommend going with a trusted professional because you'll
have the assurance of creating accurate information that can be
used later in the legal process.
Notification serves this informative purpose, which is why, when
sending it by mail, after addressing it to the person, you should
request the acknowledgment of receipt (AR) to your email or
contact number. This way, it will be indisputable that the person
actually received that notification, and after being informed,
they cannot claim ignorance of the facts. Note: this is not the
same as sending a message via WhatsApp; they are completely
different methods.
WhatsApp can be used as a means of proof, but you must adopt
other criteria for that. Talk to your lawyer about when WhatsApp
can be used as evidence. This information is crucial. For example, if
you want to collect unpaid rent from a tenant, they will receive the
notice by mail, and it will be written, for instance: "John received
the notification on September 1, 2023." The date will be specified,
and it will be an indisputable proof of this delivery. When you
submit this evidence in the legal process, the notified party cannot
claim ignorance, and it will also demonstrate that you were trying
to reach an agreement, to resolve the issue without resorting to
the judiciary, even before filing a formal legal claim. Judges highly
value people who, before resorting to the judiciary, seek to reach
an agreement.
This is because the judiciary is overloaded with cases and cannot
handle so many demands. It was not designed for such a volume of
cases, so it's natural that judges appreciate your initiative to try to
reach an agreement. It's a proactive approach that protects you
from any situation in the future. Stay vigilant.
There is validity in verbal contracts made face to face, without
being formalized in writing. The most challenging aspect in such
cases often arises when it becomes necessary to initiate a debt
collection action. You will need a variety of means and stronger
evidence to prove the existence of that debt and the specifics of
that debt. So, if someone asks you for a loan but refuses to
formalize a contract or provide a promissory note as security, my
recommendation is always: don't lend.
I believe it's better to give or donate than to lend. But if someone
owes you money, and you don't trust that person, know that if
they don't sign a check, a promissory note, a document, or a
contract, and if this person has a questionable character when it
comes to repaying debts, you may need to resort to the judicial
system to recover these amounts, and it might not be a quick
and straightforward process.
I'm talking about legal collections, not abusive or violent
methods that are not in accordance with the law. If you cannot
prove this loan, you will face difficulties in recovering the
amounts through the judicial process, primarily because the
legal process is likely to be lengthy. So, what's my suggestion?
If you're lending to someone you trust, create a contract, ask
them to sign it, make a declaration, issue a promissory note, a
negotiable instrument, or a check. Only then will you be more
protected, and things will be more transparent and clear.
One of the questions asked with absurd frequency anywhere in
Brazil is about the deadline judges have to render a verdict, why
legal proceedings take so long, and how long it will take to
receive what was won in the lawsuit or for the judgment to be
enforced.
These and other questions are outlined in the Brazilian Civil
Procedure Code, which is the instrument that standardizes all
legal proceedings in Brazil. For instance, the judge will have to
process the case, and the defendant will present a defense.
Subsequently, there may be a conciliation hearing or an
evidentiary hearing. But what is that? It involves listening to
witnesses, questioning the parties, and, following the
evidentiary hearing, there may be the act of expertise when
questions are posed to the expert. The next step, the act of
judgment, involves the term "concluso."
The most interesting thing to note is that the law states the judge
has 30 days to deliver the verdict. Article 226 states: "The judge
shall pronounce, i.e., the judge will make, the judge will give, the
judge will write the verdict within 30 days." The 30 days are not
counted from when you filed the case or when you'll have the
result in the legal process. According to the legislation, the judge,
after all these procedures of hearings, citation, serving the
defendant, has 30 days to issue the verdict. That's the theory. In
practice, it's entirely different. There are cases in some states'
courts that have been ongoing for 40 years.
I graduated at 23 and took on a case that had been in process
longer than my age at the time... so, that's common. Some cases
face enormous difficulties even in serving the defendant, and
sometimes it takes 6 months, 8 months, a year for the defendant
to become aware, causing frustration. The legal process also
carries...
One of the questions asked absurdly frequently all over Brazil is
about the deadline for a judge to deliver the verdict, or why legal
proceedings take so long, or after the verdict, how long it will take
to receive what was won in the lawsuit or how long it will take to
be enforced.
These and other questions are outlined in the Brazilian Civil
Procedure Code, the instrument that regulates all legal
proceedings in Brazil. For instance, the judge will have to process
the case, and the defendant will present a defense. Following
this, there might be a conciliation hearing or an instructional
hearing. But what is that? Witnesses will be heard, parties will
be questioned in a straightforward manner. After the
instructional hearing, there may be the act of expertise, where
some questions are posed to the expert. Following that, the act
of the verdict involves the term "concluso."
The most interesting thing to note is that the law stipulates that
the judge has 30 days to deliver the verdict. Article 226 states:
"The judge will render, that is, the judge will make, the judge will
give, the judge will write the verdict within 30 days." These 30
days are not counted from when you filed the case or when you
will receive the result in the legal proceedings. According to the
legislation, the judge, after all these steps of hearings, citation,
serving notice to the defendant, has 30 days to issue the verdict.
That's the theory. In practice, it is entirely different. There are
cases in courts in some states that have been ongoing for 40
years.
I graduated at 23 and took on a case that had been in process
longer than my age at the time... so, this is common. Some cases
face enormous difficulties, even to serve notice to the
defendant, and sometimes it takes 6 months, 8 months, a year
for the defendant to become aware, and the person might get
discouraged. The legal process also carries with it an emotion.
The emotion of initiating the process, deciding on a course of
action, filing a lawsuit, and often that excitement, that start,
fades away, and people get discouraged from continuing the
action due to the significant delay in seeing results in the short
and medium terms.
People say: oh, then let's go to the ombudsman, let's go to the
judiciary. I say not to do that initially because the judicial system
is complex. The first thing, the first step, is not to pound on the
counter but to have a professional you trust by your side, someone
who can fight for you, who can stand up for you. This professional
will be able to fight for you, go to the court where the case is and
do what we call "processing the case," which is to force, request
the act we call "auricular embargoes," which is to be there every
day knocking on the door, in the ear of the clerks, to process that
case.
The National Council of Justice (CNJ) has created various
methodologies for cases to be judged according to what we, along
with the Civil Procedure Code, call the chronological order of
cases, meaning a case that started 2 years ago theoretically should
not take longer than a case in progress, depending on the date of
the verdict, for 10 years.
In theory, all of this works... but in practice, there are still various
unforeseen events, various situations that simultaneously make it
impossible for this structure set up in the legislation to actually
happen. What would then be the best way to ensure that the
deadlines are met in 30 days according to the law? Perhaps not 30
days, but maybe 60, maybe 3 months, maybe 4 months, but how
to make it possible for your verdict to come out quickly? Have a
competent professional to promote the diligence of the case.
This is a classic question that everyone is always asking at some
point in life, usually because of a close person, a relative, or a
family member who passes away and has debts. There's even a
saying: "The dead don't pay debts." But is this true? No, the
deceased may not pay the debts, but the probate, which is the
mirror, the inheritance left behind, their assets will need to be sold
to cover the expenses and debts, if any.
However, if there's a person who has passed away and owes,
let's say, 1 million reais in taxes, and they left behind a child who
will handle the probate, having assets, it's not the child who
pays. The deceased's assets will deduct this amount, and only
after this payment will the remainder be distributed among the
heirs.
So, the notion that the dead don't pay debts is not accurate
because even though the deceased cannot pay, especially in the
judicial process, the heirs will need to pay to access those assets.
When the person doesn't have assets, then it's okay; that's when
the saying "the dead don't pay debts" applies because, without
assets, usually, there's no need to go through a probate process.
In summary, the deceased left an inheritance but also left debts,
not only tax-related but any kind of debt. The set of assets
forming their estate will be used to settle these debts. It's
important for the heir to consult a professional they trust so that
they can assess the situation and determine the exact terms for
conducting the probate process and what results can be
obtained from it.
Certainly, this is merely an illustrative name for a new scam that
has been occurring, where a gang with access to your
registration data calls you to confirm some details, making you
believe that the call is from your bank. The gang provides you
with all the details and states that you need to download an
application with a code.
When you share this code, you are authorizing the gang to
mirror your phone, your banking application along with its
system, and this leads to what we have seen in many news
reports. If you examine these reports throughout Brazil, you'll
notice that these scammers can mirror, observe password
changes, and once you've granted access, they can empty your
bank accounts without you realizing it, hence the name "ghost
hand."
The immediate solution for the victim would be, obviously, not to
download the application, not to share their data. In case of doubt
about the legitimacy of the transaction, the victim should go to
their bank branch but never believe in calls instructing them to
download the application. Once installed, it is necessary to request
immediate removal to stop the scammers from mirroring.
Additionally, change passwords, implement any type of blocking,
and modify limits, i.e., set a lower limit until the issue is resolved.
Afterward, you can seek administrative solutions, such as going to
the police station to file a police report and report the incident.
However, this is a more extensive process and will require more
time from you. Therefore, it is crucial to act swiftly.
Every small piece of terminology should be examined within the
context of the entire legal process. So, for example, if it's written in
a motion you've researched in the proceedings, "motion sent back
to the original court," it means that the case was in the appellate
stage. It was either sent for review by the appellate judges in the
Court of Justice or the justices in the Superior Court of Justice, or
the justices in the Supreme Federal Court (STF). It was sent down
and returned.
In other words, it was judged in the appellate stage and then sent
back to the trial court, to the initial judge, for the case to proceed.
Therefore, each terminology used should be investigated
according to the specific case.
Criminals set up a sales booth in front of a particular piece of
land, an isolated property, or a construction site, and this booth
is fake. They create a cooperative, not a legitimate one, but a
fake cooperative, essentially a scheme to deceive those
interested in a property. They prepare a PowerPoint
presentation that looks genuine, crafting the entire plan. They
provide a piece of paper designating you as the owner, with
inviting and modest installments. The advice is always the same:
there's no such thing as a free lunch.
When the offer seems too good, one should be suspicious that
something isn't right from a realistic perspective, and it's crucial
to investigate and examine. It's important to have your trusted
professional to evaluate the documents. Sometimes, the dream
of owning an apartment exists only in the booth, in the
PowerPoint presentation. Someone might recommend it to you,
seemingly trying to help, but that property simply doesn't exist.
Exercise extreme caution when the offer seems too good.
People may get carried away by enticing offers, wanting to close
the deal quickly because they lack guidance and the support of a
professional. Motivated by the dream of owning a home and
making a "good" deal, they may not seek legal details,
registration, and documentation of the incorporation: who the
presidents are, how that construction company operates, what
evaluations the company has, and what types of demands it
faces. They decide to make the purchase based on dreams,
passion, desire, and emotion. They enter into the worst
disappointment of their lives because they can't secure credit
from a traditional bank to finance the property and their own
home.
Scammers set low installments, and once paid, they continually
stall in completing and constructing the property. These
individuals end up losing their money, and even in legal
proceedings, the criminals have orchestrated things so well that
even if you win the case, you may not be able to recover the
relevant amounts paid by that person.
Be very cautious! Never let emotions override the documentary
part, which is usually the most critical phase in any negotiation.
The car is registered under a legal entity. For whom, then, does the
fine, the violation go to? And what is the penalty for each case?
Well, contrary to what people think, a legal entity can also own a
car, meaning it's an asset of the company with a CNPJ (National
Registry of Legal Entities). It's not only individuals who can own a
car. But in this situation, what happens? Speeding violations, radar
offenses, where the offender cannot be identified—obviously, the
owner will be notified to, within the legal timeframe, provide
information about who was driving the vehicle.
If, by any chance, they don't provide information about the driver,
the Brazilian Traffic Code states that in these cases, it's not the
owner who will lose points on their driving license, as would
happen in the case of an individual. In these cases, double the fine
is imposed for failing to provide information about the driver.
So, if a legal entity's car is stopped at a checkpoint, and the driver
of the violation can be identified, a fine and the loss of points for
that driver caught in the checkpoint will be issued. However, if it
was an incident captured by a radar, an annotation, or a car
parked in a prohibited place, in these cases, the company will be
notified to provide information.

This is what Article 257, Paragraph 8 of the Brazilian Traffic Code
says: "After the period of Paragraph 7, which is 30 days, if the
offender is not identified and the vehicle is owned by a legal
entity, a new fine will be issued to the owner, maintaining the
one originated from the violation, which will be twice the value
of the original fine, thus guaranteeing the right to a prior
defense."
In other words, the legislator intended to hit the company's
pocket to ensure it provides information about who was driving
the vehicle. And if the company doesn't do so, it will pay the
fines, although no points from the violation will be deducted
from the driving license.
You should never lie to your lawyer, and this is a fundamental
rule. There's a meme that says: "Take good care of your lawyer
because when you're at the bottom, they and your mother will
be the only ones defending you." Of course, this is a meme, a
slogan, a popular saying spread on the internet. However, it's
important to note that you should not lie to your lawyer but tell
them the whole truth.
Why should you tell your lawyer the whole truth? The first
reason is that they need the elements of truth to formulate your
defense. The second and significant reason is that you should
trust them completely because they operate under attorney-
client privilege. In many business contracts, it is natural to have
confidentiality clauses. However, a lawyer, like a psychologist,
doesn't need such a clause. It is implicit in the duty of
professional ethics that they cannot disclose to anyone the facts
you have shared.
This fact is extremely important because many times people are
protecting themselves and are so afraid that they do not tell the
truth to the lawyer, or they might even lie, and the professional
cannot formulate that perfect defense.
It is essential that you talk to a professional you trust and ask
about confidentiality issues. They will surely emphasize all the
points involving this topic, making themselves available to address
all your doubts about it.
Did you know that your name could be on the SCR? What does
that mean? Nothing more than the Credit Information System.
Banks enter this data monthly; they feed this system, which is not
like the SPC and Serasa systems, it's something different. Banks do
it internally, and many people are unaware that they can access
this system.
You can visit the Central Bank's website and perform a search to
check your record. But what does this record mean? It compiles
information about the debts you've had and paid, and whether
there was any damage to these banks. You can even, once you've
paid the debt, file lawsuits and request the removal of your name
from this listing. Legal precedents and decisions have, in fact,
understood that just the fact that banks put a person's name, a
consumer, on the SCR, and that the person often doesn't know
about this fact (possibly continuing to suffer the consequences
even after paying the debt), already provides the basis for the
person to file a lawsuit and request the removal of their name
from the SCR through legal means.
This fact is important for you, whether you are an individual or a
business owner, who needs credit for your transactions. Even with
a clean slate, as they say, not appearing on the SPC and Serasa Why? Because when we file a lawsuit, we do it together with a
lists and not owing anything, perhaps due to a debt from a few request for free legal assistance.
years ago that has already been settled, the bank illicitly did not
remove your name or your company's name from this listing.
You might not even be aware of this. In the request for free legal assistance, we state that the person
cannot afford to pay substantial fees in case they lose the lawsuit.
We also state that they cannot afford sucumbência, the costs in
Always check your SCR and see how your name and the case they lose the lawsuit.
historical record of all the banks, all the PIX keys you've had, are
mentioned. All this information will be registered in this system.
We enter a request in the records, usually for people earning less
than 5 thousand reais, earning less than 20 thousand, 30
thousand, but with an important detail: people who already have
high costs with other essential expenses such as health and
Now, I'm going to address an important question for those
housing won't have to pay judicial costs or sucumbência if they
involved in legal proceedings or considering entering one: the
lose the lawsuit.
issue of judicial costs. How do judicial costs work? What does
the Civil Procedure Code say? The Civil Procedure Code reveals
that we have fees, monuments, to allow the legal process to
There are various documents you can use to prove the need for
progress in the judiciary.
legal aid. For example, you can prove your financial inability to
cover the costs by presenting an unsigned work card. You can
prove that you cannot pay sucumbência by requesting the last
But the good news is that these fees are not always charged in
three pay stubs from the person to see how much they earned.
all situations. For example, in Law 9099/95 from 1995, which
You can also request the company's statements, which frequently
regulates small claims courts, it states: "No fees will be charged
happens.
in the first instance, in the first degree, until an appeal is filed."

In conclusion, you have various ways to request the non-payment

So, lawyers can work in small claims courts without fear of fees
of sucumbência. Sometimes people don't have a work card or
and without concern about what we call "sucumbência" (losing
these documents to show that they are exempt from costs. In this
party's payment). But then, what is sucumbência?
case, an address proof that they live in a middle-class, simple, or
humble neighborhood can even help in subjective matters. For
example, a woman living with her millionaire husband in Alphaville
Sucumbência is the payment made by the losing party. If you file can claim that the money belongs to the husband, and vice versa,
a lawsuit, the judge will determine that you pay the opposing creating a hypothetical example.
party's attorney fees. However, the good news is that this rarely
happens, as it occurs more frequently with large companies.
Both can argue that they cannot afford the costs because she
was dependent, or he was dependent on that person. In all
cases, we request this data when we see it's possible to guide
the client toward free legal assistance.
Some clients here at GB Associates, whom we call prime clients,
entrepreneurs, nationally renowned artists, are people who
genuinely cannot qualify for free legal assistance. In these cases,
we request sucumbência. I remember a client of mine, a judge,
whose average net salary was 29 thousand, and he earned 30
thousand reais. However, he had a son who relied on
mechanical circulation for breathing, and he spent a lot on
medical care. Considering expenses with health insurance,
caregivers, and a special vehicle, he spent a fortune for his son's
well-being. We managed to obtain the exemption, not only for
him but also for others with health problems and high expenses.
It's interesting to clarify because in Brazil, there's confusion
about whether the attorney's fees from sucumbência go to the
lawyer. These fees are established and stipulated so that the
winner of the lawsuit receives the amount from the party that
triggered the legal action.
How to deliver a perfect presentation? To put it bluntly, I can say
that to deliver a perfect presentation, you need to practice. I
always say, hard practice, easy performance; easy practice,
tough performance. What does this mean? The more you
repeat, the more you exert yourself, the more you train, the
more you commit – ask one, two, three, four, five, six, seven,
eight times – obviously, you'll achieve much better results than
someone who practiced only once. That's why it's crucial to
practice consistently.
But how should you do it? Let me share a great tip: In your college
presentation, you'll need to express yourself with clarity and
composure. Practice – instead of chatting on WhatsApp, grab your
phone. Put your presentation in front of the camera and record
yourself.
Let's say someone says, "But I don't have a phone, I don't know
how to use the device," call someone, a friend, or a neighbor.
Practice, speak one, two, three, four, five times, resulting in the
confidence to discuss any topic with anyone.
I remember when I presented my final college project, called TCC
(Trabalho de Conclusão de Curso), I trained so much, studied so
much, crafted that thesis, read it so many times that I felt
confident to answer any questions. There was a professor on the
panel, a federal judge, who asked me many challenging questions
that no one had thought of, and I answered with clarity and
firmness. I looked him in the eyes because it was genuinely my
work. I practiced.
When you practice with dedication, your demeanor becomes
completely different.
One of the most complex processes in a person's life is called
divorce or dissolution of a common-law marriage. First: do you
know the difference between the two? What is a common-law
marriage? What is divorce?
Divorce is connected to the formal role of marriage, the official
document indicating the existence of a marriage, while a common-
law marriage is associated with individuals who live together. A
common-law marriage can be formalized in writing or verbally.
 make an informed decision, considering all legal and documentary
aspects to maintain your best interest.
In a common-law marriage, even without anything in writing,
you will have evidence to support your case. You will file an
action and request what is rightfully yours. Since there is no
How to Avoid Kidnapping: A Cautionary Tale
official written agreement, the regime that will be considered is
usually the partial community property, meaning that everything
built during the common-law marriage should be divided
between both parties. Issues such as alimony and child custody I once assisted an individual whose experience left a lasting
may also be discussed. impression on me. This person had arranged a meeting through a
dating app at a discreet location and ended up being kidnapped.
The assailants forced them to make monetary transfers, surrender
personal items like watches and phones, highlighting the need for
In contrast, divorce involves a formal marriage with documents,
extreme caution when arranging meetings through online dating
and you must file an action known as a divorce lawsuit. There is
platforms. What precautions should you take?
also the option of extrajudicial divorce.

The first and foremost precaution is always to inform someone you

Be very cautious when handling documents because my
trust about your whereabouts, sending them your real-time
experience shows that people change over time. Hence, it's
location.
important to establish, in writing, the property regime,
understanding how it works—whether it's total community
property, where there is a sharing of all present and future
assets, or complete separation of assets, where each person The second precaution is to inform a trusted person that you've
builds their own wealth. met someone online and plan to meet them.

This distinction is crucial, and even if you are already married,
it's not a problem. You can discuss and establish a change in the
marriage regime with your partner. Even after marriage or in the
case of a common-law marriage, you can modify the marriage
regime as long as the formalities are met. This helps avoid what
my grandmother used to say: "First my love, and then my
assets," considering that the person may no longer be your
beloved.
The third precaution is to arrange to meet the person in a public
and visible location, one that discourages any foul play or
deception.
The news is replete with stories of kidnappings facilitated through
dating sites and apps. Often, individuals become so enamored and
deeply involved that they overlook essential safety measures when
arranging face-to-face meetings.

Therefore, be careful: consult a trusted professional to guide

you. The key is to have a professional guide you so that you can
Are these precautions sufficient to prevent a kidnapping? While
they may not guarantee prevention, they significantly increase
the chances of someone knowing your location, noticing your
absence, or realizing that you sent a different distress signal. This
can prompt a quick response, potentially preventing your life
from being in serious jeopardy. It's a simple step that can ward
off many potential dangers.
Preventing Online Portability Scams: Safeguarding Your Digital
Presence
The internet has seen an unprecedented rise in scams,
particularly through online portability. How can one avoid falling
victim to these schemes?
Online portability poses a significant risk, as traditional
telecommunications providers often authorize these transfers,
leaving users vulnerable. This vulnerability becomes even more
pronounced if there is internal collusion or fraud within the
company. Here are some crucial tips to protect yourself:
1. **Be cautious during phone calls:** Scammers may
impersonate you by calling the telecom provider, providing basic
details, and claiming to initiate portability to another company.
2. **Watch for unusual signal disruptions:** If you notice a sudden
loss of signal without a clear reason, it might indicate that
scammers have successfully transferred your number to another
network.
3. **Enable two-factor authentication (2FA) on WhatsApp:** By
setting up a PIN code, you add an extra layer of security, making it
challenging for fraudsters to access your WhatsApp quickly.
4. **Use a separate email for digital authentication:** Avoid using
the same email linked to your phone number for digital
authentication. Having a distinct email for this purpose
complicates scammers' attempts to gain unauthorized access to
your social media accounts.
5. **Diversify your authentication methods:** Incorporate
multiple emails and phone numbers for two-factor authentication
on different platforms. This way, even if one gets compromised,
others remain secure.
6. **Implement Google Authenticator or similar apps:**
Downloading an authentication app like Google Authenticator
provides an additional level of security. Scammers would need a
specific code generated by the app on your device, decoupled
from your phone number.
By following these tips, you can create a robust defense against
online portability scams and safeguard your digital identity from
fraudulent activities.
Avoiding Online Portability Scams: A Writer's Perspective
Never before have we seen so many scams repeatedly occurring
on the internet. What can be done to thwart these online
portability scams?
Online portability is a significant misstep by telecom operators.
Why? Because they permit you to initiate this portability.
Nowadays, everything on the internet is linked to an email and a
phone number, and unfortunately, people are at the mercy of
those traditional operators.
What happens? Sometimes, if someone within the company is
colluding to commit portability fraud or something similar, it
becomes even more challenging for you to protect yourself.
Here are some important tips:
A crook calls your telecom operator via phone, armed with your
date of birth and minimal complex data. They pretend to be you
and simply state that you are transferring your number to
another company.
Let's assume a company "X," and in this other company "X," they
pull your number from your phone's SIM card and issue a new
chip with your number. What happens? You, often experiencing
a lack of signal from the operator, find it strange but don't
realize that the criminals are already using your line on another
network.
What's the major flaw of the operators? In some states,
operators don't send an SMS confirmation to the line's owner,
asking if they received an SMS on their phone. So, portability is
easily carried out through fraud.
Hence, the importance of setting up a code on your WhatsApp.
When you set up a code, the person who took your chip elsewhere
will need an additional six days to access your WhatsApp on the
new number. With the PIN code, you gain some time. Of course,
you'll face challenges resolving this issue, but you'll buy time,
preventing the crook from using your line or WhatsApp to extort
money from people who know and care about you.
Another crucial tip is to use a different email, an email for digital
authentication on social media. Because most times, the email a
person has is linked to the number involved in the portability
scam, making it easier for the thief, the criminal, the fraudulent
actor to also access social media.
Why can't the person take it back? This is the risk of having only
one or two emails linked to social media. It's essential to always
have another number for two-factor authentication.
Use a different email to receive these confirmations, this
authentication, because obviously, if the person takes your
number, that number they acquired is not the security
authentication of the email linked to your social media. The
fraudster won't know this, and you already impede them
significantly.
Another thing is to download a Google authentication app, the
most well-known of all, which is the Authenticator. You download
it on your phone, and the person will need a specific code from
your device, not linked to the number, to access this data.
 Dedication

1st Edition

1st Printing – February 2024 I dedicate this book to the God of the Bible, who places within us
both the desire and the means to accomplish it. He accompanies
Publisher:
me throughout the long journey that begins with this work, with
Fontenele Publicações the certainty that the best is yet to come.

Editing:

Tânia Cotrim

Translation:

José dos Reis

Layout:

Daniele Ramos

Cover Design:

Ingo Bertelli

Index for systematic catalog

1. Law – Popular works. I. Title

The publisher is not responsible, either individually or jointly, for

the concepts and opinions in the content of this book.

All rights reserved to the author. Total or partial publication by

any means of communication is prohibited without the prior
authorization of the author.
 16. Why It's Better to Use a Credit Card Instead of Debit? 44

17. Mistakes We All Make at the Beginning of Our Careers 45

18. Can I Lose My House? I Abandoned Home 46

**Table of Contents** 19. Conclusive Process 47

1. Introduction 9 20. Initial Petition 48

2. Never Negotiate Without a Lawyer 10 21. Extrajudicial Notification 49

3. Extremely Lengthy Legal Process? 12 22. I'm Owed Money, But I Have No Written Proof 51

4. Scenarios of Financial Accounts Blocked by the Judiciary 23. What Is the Deadline for the Judge to Render a Judgment? 52
15
24. Someone Died and Left Debts. Am I Required to Pay? 55
5. Importance of Child Custody. What to Do When a Parent
25. The Ghost Hand Scam 56
Hinders Access to the Child? 18
26. The Fake Apartment Scam 59
6. Can You Sue Someone Without Knowing Their Name and
Address? 20 27. Company Car! Who Receives the Fine and Points on the Driving
Record? 61
7. Your CPF (Individual Taxpayer Registry) May Be Used by
Scammers 22 28. Lying to My Lawyer. Can I Harm My Case? 62
8. Avoid Hassles – Record Your Agreements 23 29. You Might Be on the Banks' Internal List Even If You're Not on
SPC and Serasa 64
9. What Is a Preliminary Injunction in Legal Proceedings? What Is
Its Purpose? When Do We Use It? Which Cases? 25 30. Legal Costs! Free Justice and Succumbing 65
10. Why It's Important to Focus on Each Legal Demand 29 31. How to Make a Perfect Presentation? 68
11. Judicial and Extrajudicial Inventory, Inheritance Tax, and 32. Divorce and Dissolution of Common-Law Marriage? First, My
Deceased's Account Balances 31 Well-being, and Then, My Assets 70
12. Dating Agreement and Common-Law Union 33 33. Be Careful on Dates. Avoid a Kidnapping 72
13. Step-by-Step of a Legal Process 35 34. Unauthorized Number Portability Scam 73
14. Air Ambulance 40

15. Importance of Having a Legal Department in a Company

41
Summary

Introduction 9

1. Never negotiate without a lawyer 10

2. Is the process extremely time-consuming? 12

3. Scenarios of financial accounts frozen by the Justice 15

4. The importance of child custody. What to do when the

parent hinders access to the child? 18

5. Suing someone without knowing their name and address.

Is it possible? 20

6. Your CPF (Individual Taxpayer Registry) may be used by

scammers 22

7. Avoid troubles - Register your agreements 23

8. What is an injunction in a legal process? What is its

purpose? When do we use it? In which cases? 25

9. Why is it important to focus on each legal demand? 29

10. Judicial and Extrajudicial Inventory, ITCMD tax, and values

in the deceased's accounts 31

11. Dating and stable union contract 33

12. Step-by-step of a judicial process 35

13. Air Ambulance 40

14. What’s the importance of having a Legal Department in

the company? 41

15. Why is it better to use a credit card instead of debit? 44

16. Mistakes we all make at the beginning of our career 45

17. Can I lose my house? I left home 46

18. Concluded Process 47

19. Initial Petition 48

20. Extrajudicial Notification 49

21. Owe me money, but I have no written proof 51

22. What is the deadline for the judge to give the sentence?
52

23. Someone died and left debts. Am I obliged to pay?

55

24. The phantom hand scam 56

25. Process returned to the origin. Understand the

nomenclature once and for all 58

26. The fake apartment scam 59

27. Company car! Who receives fines and points for the
traffic violation on the driving record? 61

28. Lying to my lawyer. Can I harm my case? 62

29. You may be on the internal list of banks even if you are
not in SPC and Serasa 64

30. Court costs! Free justice and succumbence 65

31. How to make a perfect presentation? 68

32. Divorce and dissolution of stable union? First my well- Table of Contents
being, and then, my assets 70

33. Be cautious in meetings. Avoid kidnapping 72 Introduction ……………………………………………....9

34. Unauthorized number portability scam 73 1. Never engage in a negotiation without a lawyer……….10

2. Is the process extremely time-consuming …………….12

3. Scenarios of financial accounts frozen by the justice………15

4. The importance of child custody. What to do written proof…………………………………………………. 51

when the parent obstructs access to the child?...................18 22. What is the deadline for the judge to give the sentence?...... 52

5. Suing someone without knowing their name and address. 23. Someone died and left debts. Am I

Is it possible?.................................................................... 20 obliged to pay?.......................................................................... 55

6. Your CPF may be used by scammers …………………22 24. The phantom hand scam…………………………………. 56

7. Avoid troubles - Register your agreements ………………23 25. Process returned to the origin. Understand the nomenclature
once and for all……………………………………………….. 58
8. What is a preliminary injunction in a lawsuit? What is its
purpose? When do we use it? In Which cases?....................... 25 26. The fake apartment scam………………………………….. 59

9. Why is it important to focus on each legal demand?....... 29 27. Company car! Who receives the fine and the

10. Judicial and Extrajudicial Inheritance, ITCMD tax, points on the driver's license?..................................................... 61

and values in the deceased's account ………………………….31 28. Lying to my lawyer. Can I

11. Dating contract and common-law marriage …………...33 harm my case?............................................................................ 62

12. Step-by-step of a judicial process……………………… 35 29. You may be on the internal bank list

13. Air Ambulance…………………………………………. 40 even if not in SPC and Serasa………………………………… 64

14. The importance of having a Legal Department in the 30. Legal costs! Free justice and succumbence………………. 65
company……………………………………………………. 41
31. How to make a perfect presentation?.................................... 68

32. Divorce and dissolution of stable union?

15. Why is it better to use a credit card
First my well-being, and then my belongings……………………………. 70
instead of a debit one?...................................................... ….44
33. Be cautious in meetings. Avoid kidnapping………………… 72
16. Mistakes we all make at the beginning of our careers……45
34. Unauthorized number portability scam …………………….73
17. Can I lose my house? I left home………………. ……….46

18. Concluded Process……………………………………… 47

19. Initial Petition……………………………………………. 48

20. Extrajudicial Notification ……………………………….49

21. Owe me money, but I have no

At 23, I became a lawyer and also a professor of Civil Procedure. During
my internship and studies, I received an Honorable Mention from the
Public Defender's Office of Bahia and lectured on Law at the
headquarters of the Attorney General's Office in Brasília. I taught Law at
the university level in 56 classes in Salvador/Bahia. I served as Director
of the Law School – IAB. I founded the law firm GB ADVOGADOS,
headquartered in Salvador with a branch in São Paulo. I became known
for handling several cases of both regional and national significance.
Today, I dedicate my life to simplifying and explaining the law, making
it accessible to people.