Initial Complaint: What Every Lawsuit Must Include

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

The initial complaint starts every court case, and a missing legal requirement can lead to its dismissal before a judge even looks at the merits. Brazil’s Code of Civil Procedure spells out exactly what this document must contain.

The legal requirements under Article 319

Article 319 of the Code of Civil Procedure sets out a clear checklist for the initial complaint. The first item is the court to which the action is addressed, which determines who has jurisdiction to hear and decide the case. Next, the complaint must fully identify the parties: the plaintiff’s and the defendant’s first and last names, marital status, occupation, individual or corporate taxpayer registration number, e-mail address, domicile, and residence.

The law also requires a statement of the facts and the legal grounds for the claim, the claim itself with its specifications, the value assigned to the case, the evidence the plaintiff intends to use to prove the facts, and the plaintiff’s choice of whether or not to hold a conciliation or mediation hearing. Each of these items serves a specific purpose, and neglecting any of them undermines the complaint’s validity.

Cause of action and relief requested: the core structure

The cause of action consists of the facts and legal grounds that support the claim. It is not enough to describe what happened in vague terms. The narrative must connect the events to the legal consequences the plaintiff is seeking, so that the defendant understands exactly what is being alleged and can mount a full defense. A confusing or contradictory account opens the door to challenges over whether the complaint is legally sufficient.

The request for relief, in turn, defines what the plaintiff hopes to obtain from the courts. It must be certain and specific, clearly describing the benefit being sought. Correctly identifying the nature of the dispute and the area of law that applies to the case guides how the request is framed and which procedure is appropriate.

The value of the case, although often treated as a mere formality, has significant consequences. It affects court costs, the procedural track, and even whether the small claims courts have jurisdiction, which is why it must match the economic benefit being sought.

The request for relief, in turn, defines what the plaintiff hopes to obtain from the courts.

Documents, evidence, and the risk of dismissal

Article 320 of the Code of Civil Procedure requires the initial complaint to be accompanied by the documents essential to bringing the action. These are pre-existing pieces of evidence that show right away that the claimed right is plausible, such as contracts, receipts, notices, and certificates relevant to the specific case.

When the complaint has defects or irregularities that could make it hard to decide the case, the judge orders the plaintiff to amend or complete it within fifteen days, under Article 321. If the plaintiff does nothing with that opportunity, the complaint is dismissed. A complaint deemed defective on its face, because it lacks a request or a cause of action, makes an indefinite request outside the situations the law allows, or contains requests that are incompatible with each other, can be rejected outright under Article 330.

Jurisdiction and assignment: where and how to file

Before drafting the complaint, you must determine which court has jurisdiction. Jurisdiction may be based on the defendant’s domicile, the place where the events occurred, a forum selection clause in a contract, or special criteria set by procedural law. An action filed in a court without jurisdiction may be dismissed or transferred, causing delay and unnecessary costs for the plaintiff.

Assignment of the case also requires attention. In judicial districts with more than one court, the case is randomly assigned among the courts with jurisdiction, and electronic filing has become mandatory in much of the country. Using the electronic case system correctly, with the proper procedural class and subject matter selected, affects how the case is managed and how deadlines are counted.

In cases involving the federal, state, or municipal public treasury, specific jurisdiction rules apply that differ from those of the ordinary state courts. Social security cases, for example, follow their own rules on where to file, set out in the Code of Civil Procedure and in separate statutes. Overlooking these particulars can compromise the case from the very start.

Joined claims and urgent relief

An initial complaint may combine more than one request, as long as they are compatible with each other and the court has jurisdiction over all of them. The joinder may be simple (all the requests are sought together) or alternative (one request is made in the event the previous one fails). Clearly distinguishing the primary request from the fallback request avoids ambiguity that makes the judge’s analysis harder.

In urgent situations, the complaint may include a request for provisional relief, either to grant the remedy in advance or to protect the claim. To obtain it, the plaintiff must show the likelihood of the right and either the danger of harm or a risk to the effectiveness of the final outcome. This request must be made expressly and with supporting grounds, identifying the elements that justify the measure, or the court may decline to consider it.

A request for urgent relief demands extra care in drafting. The plaintiff must be precise in describing the situation that justifies the measure, state what the judge is being asked to order, and show the link between the alleged urgency and the substantive right at issue. A well-structured complaint on this point significantly improves the chances of an immediate ruling in the plaintiff’s favor.

Attorney’s fees, court costs, and free legal aid

Filing a lawsuit generally means paying court costs. The amount varies depending on the court system (federal, state, or labor) and the size of the case. A party who cannot afford these expenses without sacrificing their own support and their family’s may request free legal aid (gratuidade da justiça), submitting a declaration of financial hardship in the initial complaint itself.

If granted, free legal aid covers court costs, procedural expenses, and the attorney’s fees owed to the opposing party if you lose. The defendant may challenge the benefit, and the judge decides whether to keep or revoke it. For that reason, when there is doubt about the plaintiff’s financial situation, it is advisable to support the request with documents proving the alleged condition.

As for the plaintiff’s attorney’s fees, the judge sets them at the end of the case if the plaintiff wins, following the criteria in the Code of Civil Procedure, such as the lawyer’s degree of diligence, the place where the service was provided, the nature and importance of the case, and the time required for the work. This does not need to appear in the initial complaint, but it matters for planning the case strategy.

Frequently Asked Questions

What happens when the initial complaint is dismissed?

Dismissal ends the case without a ruling on the merits, meaning the judge never examines the underlying right in dispute. As a rule, the plaintiff can appeal this decision. If the defect can be fixed, it is often possible to file a new action correcting the flaw, as long as the applicable time limits for the claim have been respected.

What is the difference between amending and dismissing the complaint?

Amendment is the opportunity given to the plaintiff to correct or complete a complaint that has defects, usually within fifteen days. Dismissal happens when the complaint is rejected, either because the plaintiff did not take the chance to amend it or because it is deemed defective on its face. Amendment aims to preserve the case; dismissal ends it.

Can I add all the documents after filing the case?

The documents essential to bringing the action must accompany the initial complaint. Other documents may be added during the case, especially those meant to respond to new facts or to the other side’s allegations. Even so, failing to submit essential evidence at the right time can hurt your ability to prove your right and weaken your position.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.