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Civil liability lawyer in Brazil: when harm demands an answer
Your company has been served with a damages claim, or you suffered a loss caused by someone else. What you do in the first weeks shapes the whole case.
Civil liability is the duty to repair harm caused to another person, under Articles 186 and 927 of Law 10,406/2002 (the Brazilian Civil Code). It covers material damages, lost profits and moral or reputational harm, inside or outside a contract. See a lawyer once you are served or notified or, if you were harmed, before the limitation period expires.
A civil liability lawyer in Brazil works on both sides of harm: defending companies and individuals facing damages claims, and seeking compensation for those who suffered a loss. An accident on business premises, a defective product or service, harm caused by a contractor, an offensive publication, a broken contract: the question is always who is liable and for how much.
Law 10,406/2002 (the Brazilian Civil Code) generally requires fault, damage and a causal link between them (Articles 186 and 927). In inherently risky activities, and in consumer relationships governed by Law 8,078/1990 (the Consumer Protection Code), liability is strict: proving damage and causation is enough, with no discussion of fault (Civil Code, Article 927, sole paragraph; Consumer Code, Articles 12 and 14). Compensation is measured by the extent of the damage (Article 944).
For companies, every damages claim is also management data. We handle the case with technical rigor and, at the same time, look for the root cause: an internal procedure, a weak contract, a customer service pattern. Addressing the source helps reduce future disputes.
When to call a lawyer
You have been served or notified of a damages claim
In ordinary proceedings, the deadline to file a defense is fifteen business days (Law 13,105/2015, the Code of Civil Procedure, Articles 219 and 335). Evidence and your version of events must be organized before then.
You suffered a loss caused by a third party
Damage to property, lost revenue, harm to honor or image: securing evidence early and notifying the responsible party strengthens the claim and opens room for settlement.
Repeated claims on the same issue
Recurring complaints for the same reason point to a process failure. Without fixing the source, the company keeps paying for the same mistake.
An incident that could escalate
An accident involving a customer, a data breach or a serious service failure calls for a legal response coordinated with communications, before the case multiplies.
What happens when you put it off
- Default leads the court to presume the plaintiff's allegations are true (Code of Civil Procedure, Article 344), and missing the defense deadline can decide the case.
- Victims lose the right to non-contractual compensation after three years (Civil Code, Article 206, §3, V); for harm caused by consumer products or services, the period is five years (Consumer Code, Article 27).
- Evidence disappears: camera footage is overwritten, witnesses scatter and digital records are deleted.
- Without a strategy from the start, settlements come late, after court costs, the prevailing party's fee award and interest have already increased the bill.
How we work
Case and deadline review
We identify the type of liability, the deadlines running and what must be preserved immediately.
Evidence preservation
We guide the collection of documents, records, footage and witness accounts and, when needed, request early production of evidence (Code of Civil Procedure, Article 381).
Exposure assessment
We build scenarios with you for an adverse judgment or a recovery, likely timing and cost, so you can decide between settlement and litigation.
Negotiation or litigation
We negotiate with the other side or file the defense and claims in court, with expert evidence when the case requires technical knowledge.
Appeals and prevention
We follow the case up to the higher courts if needed, and give the company recommendations to keep the problem from recurring.
What you receive
- Initial opinion with deadlines, risks and recommended strategy
- Evidence preservation plan
- Map of settlement and litigation scenarios, with estimated cost and timing
- Court filings and progress reports in plain language
- Preventive recommendations for contracts, customer service and internal procedures
Why the firm
Defense and prevention combined
When a case closes, the company knows what to change to avoid facing the same claim again.
Judgment between settlement and trial
We do not recommend litigating on principle or giving in out of fatigue. The decision rests on evidence, case law and cost.
Regulated industries
We work in sectors such as healthcare and gaming, where damages claims intersect with each market's own rules.
Illustrative scenario
Hypothetical scenario, for illustration of our method only. A gym chain is sued for damages by a member injured on a piece of equipment, and the defense deadline is already running. In a case like this, the first step is to gather the machine's maintenance history, internal camera footage before it is overwritten, the membership contract and the staff's accounts. With that material, we assess whether there was a service failure, the victim's exclusive fault or shared fault. From there, the company makes an informed choice between proposing a settlement and maintaining its defense, and reviews its maintenance protocol to prevent new incidents.
A hypothetical scenario, shown only to illustrate our method. Every case depends on its own facts.Frequently asked questions
When should I hire a civil liability lawyer in Brazil?
As soon as you receive a summons, notice or formal complaint about damages, or right after suffering a loss caused by a third party. In court, the defense deadline is short; for those seeking compensation, the limitation period runs from the event. Acting early preserves evidence and settlement options.
What is the time limit to claim damages in Brazil?
It depends on where the harm comes from. Outside a contract, the period is three years (Civil Code, Article 206, §3, V); for contractual breach, the Superior Court of Justice (STJ) applies the general ten-year rule (Article 205); for consumer accidents, five years (Consumer Code, Article 27). There are exceptions, so the count should be checked case by case.
What is strict liability?
It is the duty to compensate regardless of fault, requiring only proof of the damage and its link to the activity or product. It applies to consumer relationships (Consumer Code, Articles 12 and 14) and to activities that are inherently risky to others (Civil Code, Article 927, sole paragraph). The defense then focuses on causation and on the legal grounds that break it.
How are moral damages calculated in Brazil?
In civil cases there is no statutory table: the judge sets the amount considering the seriousness of the harm, the parties' circumstances and the deterrent purpose, in light of precedent. Material damages, by contrast, must be proven and include both the actual loss and what the party reasonably failed to earn (Civil Code, Article 402).
Is a company liable for a contractor's mistake?
In many situations, yes. Employers and principals are liable for acts of their employees and agents in the course of their work (Civil Code, Article 932, III), and in consumer relationships all suppliers in the chain are jointly liable to the consumer. That is why contracts with outsourced providers should include a right of recourse and insurance.
Is it worth settling a damages lawsuit?
It is when the cost and risk of continuing exceed the amount offered, considering evidence, case law and time to judgment. The Code of Civil Procedure encourages consensual solutions at any stage (Article 3, §3). The decision is yours; our role is to show you the scenarios clearly.
Related matters
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Have you been served, or suffered a loss?
Talk to us while the deadlines are still open. In the first conversation, we sort out what to do first and what to preserve.