Litigation in the New CPC: concept, hypotheses and classification

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Although it is a very complex word, joinder presents a simple and common situation in the daily lives of procedural law operators: it occurs when there is a plurality of people at one of the poles of a process. Browse this content: show Therefore, this common practice should be well known by lawyers and judges, who deal with these situations on a daily basis. Understanding how it works is important for the lawyer's good representation of the client and to guarantee legal certainty to the court's decisions. This article aims to explain what a joinder is, address questions about it in the new Civil Procedure Code ( CPC ) and summarize its types, divisions and classifications with examples.

Good reading! Browse content: What is a joinder ? Litigation is the name given to the situation where more than one person shares one of the poles of a process, whether this sharing is caused by equality of rights, facts, obligations or connection with the request for the dispute. This is, therefore, a situation where there are more than three figures (the court, the Albania Phone Number  author and the defendant) within a process, and there may be several people on the active or passive side of the dispute. The word is a union of the Latin term consortium , where means dispute or process and consortium means association. Therefore, the word, although unusual and strange to the layman, represents well what it means in the procedural area. The consortium is consolidated within procedural law based on the principle of procedural speed, as it brings together different people in the same dispute, with these people having a direct relationship with the request and similarities in rights or facts constituting the dispute.



Within a process, the people who form the group within a specific demand pole are called co-joiners. Download a legal process management spreadsheet and automate control of all your contracts Litigation in the New CPC : articles  The rules for its formation are provided for within the New Code of Civil Procedure (Law nº 13,105/2015), precisely in Book III, Title II, of articles . Although there are few articles that address the issue, there is a lot to explore on the subject, as it has different rules that are important for legal practitioners, especially magistrates, who can issue sentences in a unique or differentiated way for the parties involved. Every lawyer, in turn, constantly works with situations where there are groupings within the legal dispute, as it is a relatively common practice within procedural law , as it saves time, deflating the queue of processes that exist within the Judiciary.