Public Civil Suit, Law nº 7.347/1985

Publicado em 04 Setembro 2012.

Public Civil Suit (Law nº 7.347/85)

Article 1. Shall be ruled by the provisions of this law, without prejudice to the people’s legal action, the actions of responsibility for moral damage and property caused:

I - the environment;

II - the consumer;

III - assets and rights of artistic, aesthetic, historical, and touristic value, as well as to remarkable landscapes;

IV - any other diffuse or collective interest;

V - violation of the economic order;

VI - the urban order.

Sole Paragraph. There will not be quite feasibly public civil action for vehicular claims involving taxes, pension contributions, the Guarantee Fund for Length of Service - FGTS or other funds of an institutional nature whose beneficiaries may be individually determined.

Article 2. The actions provided for in this law shall be proposed in the forum of the site where the damage arises, whose judgment will have functional competence to prosecute and judge the cause.

Sole Paragraph. The commencement of the action will bring the jurisdiction of judgment for all the shares subsequently instituted that have the same cause of action or the same object.

Article 3. A civil action may have for its object the condemnation of money or the fulfillment of obligation to do something or refrain from doing something.

Article 4. Vetoed.

Article 5. Has legitimacy to propose the main action and the precautionary action:

I - the Public Prosecution;

II - the Public Legal Defense;

III - the Union, the States, the Federal District and the Municipalities;

IV - the local authority, public enterprise, foundation or joint stock company;

V - the association that, concomitantly:

a) was established there are at least 1 (one) year in the terms of civil law;

b) includes, among its institutional purposes, the protection of the environment, consumers, economic order, free competition or the artistic, aesthetic, historic, tourist and landscape.

Paragraph 1. The Public Prosecution, if does not intervene in the process as a part, will act as guardian of the law.

Paragraph 2. Is allowed to the Government and other associations legitimated under this article enable as co-parties of any parties.

Paragraph 3. In case of unfounded withdrawal or abandonment of action by association legitimized, the Public Prosecution or other legitimated will assume legitimacy active.

Paragraph 4. The requirement of pre-constitution may be waived by the judge, when there is manifest social interest evidenced by dimension or characteristic of the damage, or by the relevance of legal interest to be protected.

Paragraph 5. Will be admited to the optional joinder between the Public Prosecution of the Union, the Federal District and the States in the defense of the interests and rights of who cares for this law.

Paragraph 6. The public agencies legitimized may take of the interested commitment to Conduct Adjustment Commitment the legal requirements, through actions, which will have effectiveness of enforceable extrajudicial.

Article 6. Any person can and the public server should lead to the initiative of the Public Prosecution, ministering to him information on facts which constitute an object of the civil action and showing him the elements of conviction.

 

Article 7. If, in the exercise of their functions, the judges and courts had knowledge of facts which may cause the filing of the civil action, shall send documents to the Public Prosecutor for the appropriate measures.

Article 8. To instruct the initial, the interested party may request the authorities competent the certificates and information that it deems necessary, to be provided within 15 (fifteen) days.

Paragraph 1. The Public Prosecution could introduce, under his presidency, civil investigation, or requisition, of any agency public or particular, certificates, information, exams or lapdance, within the time, which may not be less than 10 (ten) working days.

Paragraph 2. Only in cases in which the law imposes secrecy, may be denied certificate or information, hypothesis in which the action may be proposed if unaccompanied those documents, and the judge will order them.

Article 9. If the component of Public Prosecution, exhausted all efforts,  convince himself of the lack of foundation for the commencement of the civil action, will promote the archiving of the acts of the civil investigation or parts informative, stating their reasons.

Paragraph 1. The acts of civil investigation or pieces of archived information will be sent, under penalty of incur in serious misconduct, within 3 (three) days, to the Superior Council of Public Prosecution.

Paragraph 2. Until, in session of the Superior Council of Public Prosecution, is approved or rejected the promotion of archiving, may the associations legitimised submit reasons or written documents, which shall be attached as the acts of the inquiry or attached to the pieces of information.

Paragraph 3. The promotion of archiving will be submitted for examination and deliberation of the Council of the Public Prosecution, according to the provided in its rules.

Paragraph 4. Leaving the Superior Council to approve the promotion of filing shall, immediately, appoint another body of the prosecutor for the filing of the suit.

 

Article 10. It is crime, punished with imprisonment of 1 (one) to 3 (three) years, more fine of 10 (ten) to 1.000 (one thousand) Readjustable National Treasury Bonds- ORTN, refusal, the delay or the omission of technical data that are essential to the commencement of the civil action, when requisitioned by the Ministry Public.

 

Article 11. In the action that has as its object the fulfilment of an obligation to do or not do, the judge will determine compliance with the provision of the obligation or will order the cessation of malicious activity, under penalty of specific implementation, or summons daily fine, if this is sufficient or compatible, regardless of application of the author.

Article 12. Can the judge grant warrant liminal, with or without prior justification in a decision, subject to appeal.

Paragraph 1. By application of legal entity of public law interested, and to avoid serious damages the order, the health, safety and public economy, can the President of the Court to which compete the knowledge of the resource suspend the implementation of preliminary injunction, in a reasoned decision, of which can be made appeal to one of judging classes within 5 (five) days from the publication of the act.

Paragraph 2. The fine provided liminar only will be required of a defendant after the transit in res judicata decision favorable to the plaintiff, but will be due from the day that if there are configured the noncompliance.

Article 13. In case of condemnation in money, compensation for the damage caused will revert to a fund managed by a Federal Council or by Provincial Councils that will participate necessarily the Public Prosecution and representatives of the community, and its resources will be destined for the rebuilding of damaged goods.

Paragraph 1. While the fund is not regulated, the money shall be deposited in government credit account with indexation.

Paragraph 2. If there is agreement or condemnation on the basis of damage caused by acts of ethnic discrimination in accordance with article first of this law, the provision of money will revert directly to the bottom of the caput and will be used for actions to promote racial equality, as defined by the National Council for the Promotion of Racial Equality, in the event of national extension, or the Council for the Promotion Racial Equality state or local, in the event of damage to local or regional extension, respectively.

Article 14. The judge can grant suspensive effect to appeals, to avoid irreparable damage to the party.

Article 15. After sixty days of the final and unappealable decision of the sentence is rendered, without the association authored promote the implementation, shall do so the Public Prosecution, provided there is equal initiative to the others legitimated.

Article 16. The civil judgment will be res judicata erga omnes, within the territorial jurisdiction of the agency prolator unless the application be dismissed for lack of evidence, in which case any legitimate may bring another action with the same basis, drawing on new evidence.

Article 17. In case of bad faith, the association authored and the directors responsible for filing the lawsuit will be jointly condemned in attorney fees and in ten times the expense, without prejudice to liability for damages.

Article 18. In the actions mentioned in this law, there shall be no costs, fees, expert fees and any other expenses or costs against the plaintiff association, unless proven bad faith, attorney fees, costs and expenses.

Article 19. Applies to public civil suit, provided for in this law, the Code of Civil Procedure, approved by Law nº 5.869, of January 11, 1973, in that it does not conflict with its provisions.

Article 20. The fund referred to in Article 13 of this law shall be regulated by the Executive Branch within 90 (ninety) days.

Article 21. Apply to the rights and interests, collective and individual, to the extent applicable, the provisions of Title III of the Act which established the Consumer Defense Code.

Article 22. This law comes into force on the date of its publication.

Article 23. Repeal any contrary provisions.

Conselho Editorial

Dr. Carlos Alberto Molinaro
(PUCRS)
Dra. Elaine Harzheim Macedo
(PUCRS)
Dr. Humberto Dalla Bernardina Pinho (UERJ/UNESA)
Dr. Sérgio Cruz Arenhart
(UFPR)
Dr. Daniel Mitidiero
(UFRGS)
Dr. Fredie Didier Júnior
(UFBA)
Dr. Lúcio Delfino
(UNIUBE)

 Dr. Antonio Gidi

(Syracuse University College of Law - EUA)

Dr. Darci Guimarães Ribeiro
(Unisinos)
Dr. Gilberto Sturmer
(PUCRS)
Dr. Marco Felix Jobim
(PUCRS)