The Constitution and Justice Commission (CCJ) of the Legislative Assembly of Mato Grosso do Sul approved this Monday 19, a bill proposed by Judge Carlos Eduardo Contar, president of the State Court of Justice, to increase the costs of the trials related to banking problems: search and seizure in fiduciary alienation, contracts and insurance. The Brazilian Order of Lawyers in the State challenges the measure, noting “violation of the constitutional principle of access to Justice”. According to the institution, an “increase of more than 100% of existing values” is proposed, as well as the creation of a new class of values.
When he sent the bill to lawmakers, Contar argued that given the absence of a grievance prevention policy – processes which, in general, require expertise – and the “inevitable delay in time”, it is “essential” increase trial time costs, “serving as fair remuneration for the judicial services provided”.
Four MPs followed the report by MP Paulo Duarte, who indicated that the legislative proposal is “valid and should continue to be elaborated”. He said he had analyzed the constitutionality and legality of the provision, “without intruding on other important concepts that pertain only to the judiciary”.
In his report, the deputy specified that the proposal drawn up by the Judiciary is restricted to banking matters, specifying that the costs of the proceedings “will initially and largely fall on the ordering financial institutions, only subsequently returned by the consumer if he is the unsuccessful (loser) of the trial report”.
«Furthermore, it should be noted that the analysis of this Commission remains linked to the exclusive questions of the possibility and legitimacy of the increase of the costs of the proceedings, in order not to encroach on the competence of another Power regarding the need to organize itself at will with the Power judicial examination of the reorganization of its structures and how it will achieve maximum efficiency in the performance of its services”, noted the deputy.
OAB disputes
On the contrary, the Mato Grosso do Sul Section of the Brazilian Bar Association (OAB) issued an opinion arguing that the proposal of the State Judiciary “violates the constitutional principles of access to justice, as well as equality, also confronting the norms constitutional taxation”.
The lawyers argue that the search and seizure actions in the fiduciary “cannot be considered” highly complex. They also say that, in the so-called revocatory actions, issues relating to the collection of fair compensation are discussed, “a matter exclusively of law, which would possibly require the carrying out of an expert opinion, dispensing however from the holding of hearings “. “Therefore, only the security actions that would in fact require greater evidentiary activity remain”, argues the OAB-MS.
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Source: Terra
Camila Luna is a writer at Gossipify, where she covers the latest movies and television series. With a passion for all things entertainment, Camila brings her unique perspective to her writing and offers readers an inside look at the industry. Camila is a graduate from the University of California, Los Angeles (UCLA) with a degree in English and is also a avid movie watcher.
