The Superior Court of Justice (STJ) concluded that the client can sue his lawyer if he caused moral and material damages and acted negligently in conducting the process. The decision, by Minister Nancy Andrighi, was handed down in a lawsuit filed by the client of a lawyer from Minas Gerais.

In the indemnification process, she claimed that the professional would have acted negligently in a claim filed against her, for two reasons: he would not have adequately defended his right of retention for improvements, which would have caused the loss of the disputed property; and he reportedly let the appeal period pass without comment.

The president of the OAB ethics and discipline court, Paulo Saboya, agrees with the decision, but makes reservations:

– The lawyer recourse must answer if he does not fulfill the obligations of his office. However, it is necessary to analyze case by case, because the professional is not always obliged to enter with resources – explained Saboya.

Do you know what a resource is?

The loss of a stock does not always mean that it cannot be revalued. This is because the Brazilian judicial system provides for the use of resources to appeal and challenge decisions.

The appeal is a legal instrument that seeks to request that a process be reexamined. It is usually filed by the losing party in the case, who wants to appeal the decision because they believe they can reverse it.

Guaranteed by the 1988 Constitution, the appeal can be presented for the process of the same instance. That is, if accepted, it will be analyzed again by the same municipal judge in situations of actions within the municipality. It can also occur at a higher level. This passes when the same lawsuit leaves the current scope and is reviewed by a judge at the state or federal level. The judgment may stop at the Federal Supreme Court (STF), the last instance.

An example can be a company that is condemned for not complying with the rights provided for in the Consolidation of Labor Laws (CLT). Through an appeal, she can appeal the decision and ask for the sentence to be reviewed. If you lose again, there is the possibility of filing an appeal at the state level and, thus, until the cause reaches the STF.

The appeal occurs in two ways: the first is the devolutive, which causes the process to be returned for further analysis. It can also be suspensive, which temporarily prevents the decision taken from being applied without further analysis.

types of resources

  • Declaratory embargo: is the type of appeal that asks the judge or court to clarify the decision taken. This occurs in case of doubts, omissions, contradictions or lack of transparency.
  • Divergent embargo: aims to contest the judicial decision when there is a divergence of judgment between other classes, sections, special bodies or plenary of the Judiciary.
  • Infringing embargo: this appeal is directed to the very court that delivered the judgment. Occurs when there is no unanimity in the decision.
  • Appeal: allows the defendant to appeal in sentences that do not put an end to a process (solution), but that aim to reduce a problem. An example would be the case of a consumer who loses a financed property due to delay in installments. The intention is to settle the debt with the bank, but there are still precedents.
  • Appeal: is an appeal filed against a decision announced by a first degree judge. It is a way sought to invalidate the sentence.
  • Special appeal: is an appeal that challenges decisions taken by the Federal Regional Court (TRF) or Court of Justice (TJ). This appeal is filed with the Federal Court of Justice (STJ).
  • Extraordinary appeal: is a appeal used at the highest instance, the Federal Superior Court (STF) to contest a decision taken in state or federal instances.

Are you needing to appeal the decision of your lawsuit? Then get in touch with a lawyer specializing.