Letters Blogatory’s correspondent in Brazil, Felipe Vollbrecht, has reported a minor development in the Lago Agrio plaintiffs’ action for homologation in Brazil. 1 According to Felipe, the Superior Tribunal de Justiça has granted the plaintiffs’ request for free access to justice. Brazil does not follow the American Rule on attorney’s fees, so in general, the loser pays the winner’s fees. But where a party requests the benefit of free access to justice and the court grants the request, the party is not liable for its opponent’s fees even if it loses.
- I hope to have a post up soon about the procedure in Brazil, including what “homologation” is. It was new to me! ↩