DOES IT INCLUDE TYPICAL CIVIL AND COMMERCIAL CASES? IN BRAZIL, CIVIL AND COMMERCIAL CASES |
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YES
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COMMERCIAL LITIGIOUS CASES” IS THE CATEGORY CONSIDERED IN THE ANALYSIS. IT INCLUDES FAMILY LAW CASES, DISPUTES REGARDING CONTRACTS, AND COMMERCIAL LAW CASES. DIVORCES AND BANKRUPTCY PROCEEDINGS ARE EXAMPLES OF CASES BELONGING TO THIS CATEGORY (CEPEJ, 2017COMMISSION EUROPEENNE POUR L‘EFFICACITE DE LA JUSTICE (CEPEJ). Explanatory Note to the Scheme for Evaluating Judicial Systems. 2016-2018 Cycle. 2017. Available at: Available at: https://rm.coe.int/explanatory-note-to-the-scheme-for-evaluating-judicial-systems/1680767c02 . Accessed on: October 24, 2022. https://rm.coe.int/explanatory-note-to-t...
).
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YES
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“OTHER THAN CRIMINAL - CIVIL AND SUCH AS FAMILY CASES, DISPUTES REGARDING CONTRACTS AND BANKRUPTCY PROCEEDINGS ARE TYPICALLY ADDRESSED BY STATE COURTS. FOR THIS REASON, DATA INCLUDED NON-CRIMINAL CASES IN STATE COURTS, LITIGATED BOTH IN COMMON AND SPECIAL PROCEDURES, AS SPECIFIED IN TABLES 2 AND 5.
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DOES IT INCLUDE LABOR-RELATED CASES, ESPECIALLY EMPLOYMENT DISMISSALS (TERMINATION OF THE EMPLOYMENT CONTRACT AT THE INITIATIVE OF THE EMPLOYER)? |
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YES
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THE CATEGORY “OTHER THAN CRIMINAL - CIVIL AND COMMERCIAL LITIGIOUS CASES” INCLUDES EMPLOYMENT DISMISSAL CASES. OTHER LABOR- RELATED CASES OF EMPLOYERS WORKING IN THE PRIVATE SECTOR ALSO BELONG TO THIS CATEGORY, AS THEY CANNOT BE CONSIDERED ADMINISTRATIVE (DISPUTES BETWEEN CITIZENS AND PUBLIC AUTHORITIES) OR CRIMINAL CASES (CEPEJ, 2017COMMISSION EUROPEENNE POUR L‘EFFICACITE DE LA JUSTICE (CEPEJ). Explanatory Note to the Scheme for Evaluating Judicial Systems. 2016-2018 Cycle. 2017. Available at: Available at: https://rm.coe.int/explanatory-note-to-the-scheme-for-evaluating-judicial-systems/1680767c02 . Accessed on: October 24, 2022. https://rm.coe.int/explanatory-note-to-t...
).
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DOES IT INCLUDE ADMINISTRATIVE LAW CASES (DISPUTES BETWEEN CITIZENS AND PUBLIC AUTHORITIES)? |
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PARTIALLY
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DMINISTRATIVE LAW CASES ARE, IN SOME COUNTRIES, ADDRESSED BY SPECIAL ADMINISTRATIVE COURTS, WHILST IN OTHER COUNTRIES, THEY ARE HANDLED BY ORDINARY CIVIL COURTS. IF COUNTRIES HAVE SPECIAL ADMINISTRATIVE COURTS, SEPARATE ADMINISTRATIVE LAW PROCEDURES, OR ARE ABLE TO DISTINGUISH BETWEEN ADMINISTRATIVE LAW CASES AND CIVIL LAW CASES, THESE FIGURES ARE INDICATED SEPARATELY UNDER “OTHER THAN CRIMINAL - ADMINISTRATIVE LAW ASES”. WHEN THE DISTINCTION IS NOT POSSIBLE, CASES ARE RECORDED AS “OTHER THAN CRIMINAL - CIVIL AND COMMERCIAL LITIGIOUS CASES” (CEPEJ, 2017COMMISSION EUROPEENNE POUR L‘EFFICACITE DE LA JUSTICE (CEPEJ). Explanatory Note to the Scheme for Evaluating Judicial Systems. 2016-2018 Cycle. 2017. Available at: Available at: https://rm.coe.int/explanatory-note-to-the-scheme-for-evaluating-judicial-systems/1680767c02 . Accessed on: October 24, 2022. https://rm.coe.int/explanatory-note-to-t...
).
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DOES IT INCLUDE ENFORCEMENT CASES RELATED TO THE ABOVE ISSUES? |
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YES
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ENFORCEMENT LITIGIOUS CASES (FOR EXAMPLE, A JUDICIAL APPEAL AGAINST DEEDS PROCESSED BY A BAILIFF) ARE INCLUDED IN THE CATEGORY “OTHER THAN CRIMINAL - CIVIL AND COMMERCIAL CASES” (CEPEJ, 2017COMMISSION EUROPEENNE POUR L‘EFFICACITE DE LA JUSTICE (CEPEJ). Explanatory Note to the Scheme for Evaluating Judicial Systems. 2016-2018 Cycle. 2017. Available at: Available at: https://rm.coe.int/explanatory-note-to-the-scheme-for-evaluating-judicial-systems/1680767c02 . Accessed on: October 24, 2022. https://rm.coe.int/explanatory-note-to-t...
).
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DOES IT INCLUDE CRIMINAL CASES? |
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NO
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CRIMINAL CASES BELONG TO A SEPARATE CATEGORY (CEPEJ, 2017COMMISSION EUROPEENNE POUR L‘EFFICACITE DE LA JUSTICE (CEPEJ). Explanatory Note to the Scheme for Evaluating Judicial Systems. 2016-2018 Cycle. 2017. Available at: Available at: https://rm.coe.int/explanatory-note-to-the-scheme-for-evaluating-judicial-systems/1680767c02 . Accessed on: October 24, 2022. https://rm.coe.int/explanatory-note-to-t...
) AND ARE NOT INCLUDED IN THE ANALYSIS.
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DOES IT INCLUDE REGISTRATION DUTIES, SUCH AS BUSINESS AND LAND REGISTERS (DUTIES PERFORMED BY SOME COURTS IN EUROPE)? |
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NO
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BUSINESS REGISTERS AND LAND REGISTERS ARE CONSIDERED NON-LITIGIOUS CASES AND ARE RECORDED IN A SEPARATE CATEGORY (CEPEJ, 2017COMMISSION EUROPEENNE POUR L‘EFFICACITE DE LA JUSTICE (CEPEJ). Explanatory Note to the Scheme for Evaluating Judicial Systems. 2016-2018 Cycle. 2017. Available at: Available at: https://rm.coe.int/explanatory-note-to-the-scheme-for-evaluating-judicial-systems/1680767c02 . Accessed on: October 24, 2022. https://rm.coe.int/explanatory-note-to-t...
).
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