Free Justice in Brazil: Who Qualifies and How to Apply

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

Brazil’s free-justice benefit (gratuidade da justiça) ensures access to the courts for people who cannot pay court costs and attorney’s fees without compromising their own livelihood. The guarantee is set out in the Constitution and detailed in the Code of Civil Procedure.

Constitutional and statutory basis for free justice

Free justice is rooted in Article 5, item LXXIV, of the Federal Constitution, which requires the State to provide full and free legal assistance to anyone who can show insufficient resources. The provision treats access to justice as a fundamental guarantee, so that the cost of a lawsuit does not become an insurmountable barrier to protecting your rights.

At the statutory level, the benefit is governed by the Code of Civil Procedure (Law No. 13.105/2015), in Articles 98 to 102, which replaced much of the former Law No. 1.060/1950. The current framework brought the subject under a single set of rules and organized the request, the challenge to it, and the available appeals, making the benefit more predictable.

The terminology matters here. Full legal assistance covers the work of the Public Defender’s Office (Defensoria Pública, the state-funded legal aid service) and out-of-court guidance. Free justice, the focus of this article, refers specifically to an exemption from paying litigation expenses while a case is pending in court.

Who can request the benefit

Article 98 of the Code of Civil Procedure extends free justice to both individuals and legal entities that show they lack the resources to pay court costs, litigation expenses, and attorney’s fees. The test is not absolute poverty. It is a present inability to bear the financial burden of the dispute.

For individuals, a statement of financial hardship is presumed to be true, under paragraph 3 of the same article. As a general rule, a simple statement in the petition is enough. The opposing party or the judge may challenge the declared condition only if there is concrete evidence to the contrary.

Legal entities, by contrast, do not enjoy the same presumption. In Súmula 481 (a summary of its settled case law), the Superior Tribunal de Justice (Brazil’s high court for federal-law matters) held that a company, whether or not it operates for profit, is entitled to the benefit if it proves it cannot afford the costs of the lawsuit. The company must offer actual proof of its financial situation.

The provision treats access to justice as a fundamental guarantee, so that the cost of a lawsuit does not become an insurmountable barrier to protecting your rights.

How to apply and what free justice covers

Under Article 99, you can make the request in the initial petition, in the answer to the complaint, in a petition by a third party joining the case, or in a separate motion filed while the case is pending. If the need arises later, you must file the request at the first opportunity.

Once the benefit is granted, the exemption covers court costs and judicial fees, publication expenses, attorney’s and expert fees, the cost of exams considered essential, notary and registry fees, and the other expenses listed in paragraph 1 of Article 98. Free justice may be granted in full or in part. The judge may reduce the amount by a percentage or allow payment in installments instead of granting a complete exemption.

The opposing party may challenge a denial or revocation of the benefit under Article 100. If the decision is issued while the case is pending, it can be appealed through an interlocutory appeal (agravo de instrumento). If it appears in the final judgment, it is raised as a preliminary issue in the appeal, according to Article 101. If a false statement is made in bad faith, the beneficiary must pay ten times the amount of the expenses.

When the request concerns the cost of a technical expert examination, the judge may specifically excuse the beneficiary from advancing the expert’s fees. Those amounts are then to be paid by the State at the appropriate time when they cannot be charged to the losing party. This mechanism ensures that you do not have to give up evidence essential to your case because of financial inability.

Free justice on appeal, in enforcement of judgments, and in execution

Free justice does not end with the trial phase. The benefit extends to appeals and to the enforcement of judgments, as paragraph 1 of Article 98 of the Code of Civil Procedure makes clear: it lists the covered expenses without distinguishing the procedural stage at which they arise.

In practice, the beneficiary remains excused from paying court costs up front when filing an appeal (apelação), an interlocutory appeal, or any other appeal provided by law. The same applies to the fees required at the start of judgment enforcement and to any expert examinations ordered at the appellate stage. If the court finds that the beneficiary’s finances have improved and revokes the benefit, the charges apply only to expenses incurred after the revocation. What was waived during the earlier phase stays waived.

When a judgment based on a court-issued enforceable title is being executed, free justice keeps a lack of funds from stalling the case. A beneficiary creditor may request the seizure, appraisal, and sale of assets without advancing fees or auction charges. These costs remain suspended as provided by law, and they are collected only if, and when, the debtor’s economic situation improves during the five-year period set by the Code.

Revocation of the benefit and liability for false statements

Free justice may be revoked at any time, by the same court that granted it or by the appellate court, if evidence shows the beneficiary’s finances have recovered. The initiative may come from the opposing party, who must identify and prove the facts showing the economic improvement. It may also come from the judge, if the case file contains information that contradicts the party’s statement.

Revocation does not operate retroactively on expenses that were already waived. Starting from the decision that reinstates the payment obligation, the beneficiary must again pay court costs up front and becomes responsible for the expenses incurred from that point on. When revoking the benefit, the court may set a reasonable period for the party to resolve any outstanding items related to the pending case.

The law is strict with bad-faith claims of financial hardship. Article 100, sole paragraph, of the Code of Civil Procedure provides that, if intent to obtain the benefit improperly is proven, the beneficiary must pay the court ten times the costs that were waived, in addition to the procedural sanctions for bad-faith litigation. The measure is meant to deter abuse and to protect the credibility of the benefit, so that free access to justice actually serves those who need it.

Free justice in Special Courts and in out-of-court acts

The State Special Civil Courts (Juizados Especiais Cíveis Estaduais), created by Law 9.099/1995, widen access for low-income people. In cases worth up to twenty times the minimum wage that are heard at the first level, they generally do not require payment of court costs or attorney’s fees, regardless of the plaintiff’s individual financial situation. For higher-value claims, or for the appeal phase within these courts, a request for free justice follows the ordinary procedure of the Code of Civil Procedure.

At the federal level, the Federal Special Courts (Juizados Especiais Federais), governed by Law 10.259/2001, work differently. Exemption from court costs is the rule for all plaintiffs at the first level, but attorney’s fees awarded against the losing party are available only on appeal. This greatly simplifies access to the Federal Courts for people disputing smaller social security, assistance, or tax claims, because there is no need to file a formal request for free justice at the outset.

Outside the court system, free justice covers the notary and registry fees required for documents needed to pursue a court claim, such as notarized signatures and certificates indispensable to building the case. The request must clearly state that these notarial acts are essential to exercising your right in court. The judge handling the case then evaluates it based on how relevant each act is to the beneficiary’s defense.

The difference between the State and Federal Special Courts matters for anyone seeking free justice in social security disputes. In the State courts, you must expressly request the benefit in each case. In the Federal Special Courts, the procedure already builds in exemption from court costs as the general rule at the first level. That is a practical advantage if you are entering the system without a lawyer or need to keep the cost of the dispute as low as possible.

Frequently Asked Questions

Who is entitled to free justice?

Any individual or legal entity that cannot pay court costs, litigation expenses, and attorney’s fees without harming its own livelihood or business activity is entitled to it. For an individual, a statement of insufficient resources is enough, and it is presumed to be true. A legal entity must prove its financial inability, in line with the settled position of the Superior Tribunal de Justice.

Can I request free justice after the case has begun?

Yes. Although it is most common to request the benefit in the initial petition or in the answer, the Code of Civil Procedure allows the request at any stage, by a simple petition in the case file. If financial difficulty arises while the case is pending, you must file the request at the first opportunity to speak in the case, explaining to the court how your economic situation has changed.

What does free justice cover during a lawsuit?

Free justice covers court costs and judicial fees, attorney’s and expert fees, publication expenses, notary and registry fees, and other expenses essential to moving the case forward. The benefit may be granted in full or in part, and the judge may reduce the amount or allow payment in installments after reviewing the request. The exemption does not eliminate future liability if your economic situation changes while the case is pending.

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