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Brazil: Federal Supreme Court Implements Mediation and Conciliation Center

(Feb. 25, 2021) The recently created mediation and conciliation center of the Brazilian Federal Supreme Court (Supremo Tribunal Federal, STF) will hear its first dispute involving the exclusive use of the iPhone brand in Brazil. The center, which was created on August 6, 2020, through STF Resolution No. 697 (Resolução STF No. 697, de 6 de Agosto de 2020), is responsible for seeking and implementing consensual solutions in cases before the STF. Retired STF Justice Ellen Gracie was appointed as the first mediator of the first dispute to be submitted to the center. The conciliation session, still without a defined date, will be held by videoconference due to the Covid-19 pandemic.

Minister Luiz Fux, the president of the STF, remarked that promoting consensus as an appropriate means of resolving disputes has been observed in the disputes brought to the STF and that the new Civil Procedure Code has strengthened this practice.

Code of Civil Procedure

Article 3 of the Code of Civil Procedure (Código de Processo Civil) states that arbitration is permitted, as provided by law (art. 3, § 1) and that the state must, whenever possible, promote the consensual solution of conflicts (art. 3, § 2). Furthermore, conciliation, mediation, and other methods of consensual resolution of conflicts should be encouraged by judges, lawyers, public defenders, and members of the Public Prosecutor’s Office, including during the course of the judicial process (art. 3, § 3).