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DISCLOSUREBy Bruno Campos de Oliveira

Small Claims Civil Court (JEC): what it is and how to file a case

Brazil's Small Claims Civil Court (JEC), created by Law 9.099/95, hears lower-complexity cases, without a lawyer up to 20 minimum wages. Here is how to file.

Small Claims Civil Court (JEC): what it is and how to file a case — Human Case, dossiê Page Interim / Pernod Ricard
Brazil's Small Claims Civil Court (JEC), created by Law 9.099/95, hears lower-complexity cases, without a lawyer up to 20 minimum wages. Here is how to file.

The Small Claims Civil Court (Juizado Especial Cível, JEC) was created by Law No. 9.099/95 as a tool to democratize justice, resolving lower-complexity cases in a simple, fast, economical and secure way and seeking a settlement between the parties whenever possible.

What the JEC hears

The JEC's jurisdiction covers claims not exceeding 40 minimum wages, including eviction actions for the owner's own use, possessory actions over real estate, compensation for damage in vehicle accidents and collection of fees owed to independent professionals.

Proceedings follow the principles of orality, simplicity, informality, procedural economy, speed and conciliation.

Lawyers at the JEC: when they are required

The main advantage of the JEC is easy access: in claims of up to 20 minimum wages, a lawyer is not mandatory. Citizens can make the "atermação", that is, have their claim drawn up, directly at the court, presenting basic documents and proof of the right they allege.

What the JEC does not hear

The JEC does not hear:

  • family law cases;
  • Childhood and Youth actions;
  • labor claims;
  • workplace accidents;
  • actions against the Union (INSS, Caixa, Correios);
  • court authorizations to withdraw FGTS funds or a deceased person's account balance.

Claims against the Union must be brought before the Federal Small Claims Courts (Juizados Especiais Federais).

How to file at the JEC

Citizens can go directly to the nearest Small Claims Civil Court with an ID document, CPF taxpayer number, proof of residence and every document supporting the claim: contracts, invoices, chat screenshots, payment receipts, e-mails, expert reports and photographs.

The atermação is the registration of the claim, which can be done at the court counter or, in many courts, through the Online Atermação Service. A conciliation hearing is scheduled next, and that is where a settlement is attempted. If there is no agreement, the judge decides.

Why the JEC matters

Knowing the JEC means knowing there is a way into the justice system that does not require a lawyer, charges no court costs at first instance and was designed to resolve low-complexity disputes within a reasonable time.

For consumers whose rights were harmed, for citizens who suffered small-value damage or for anyone needing a quick solution without hiring a law firm, the JEC is the appropriate institutional route. A well-documented atermação is what separates a claim that succeeds from one lost for lack of evidence.

Frequently asked questions

Does the JEC hear labor claims?

No. Employment issues, such as severance pay and overtime, belong to the Labor Courts.

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Poll

Should citizens know the jurisdictional limits of the JEC before filing a lawsuit to prevent their claim from being dismissed for lack of jurisdiction?

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