Brazil - Civil, Criminal and IPR

[T]here is a growing base of support for mediation in Brazil. This has occurred because of increased access and attention to information on the subject which was partly generated by our programs with ISDLS. The Sao Paulo State Superior Court is in the process of implementing a mediation pilot program which should be functional by the end of this year. Many of the pilot program characteristics were adapted from information collected during the February visit to study U.S. and California mediation models.

We have benefited greatly from your efficiency and competence in designing and coordinating programs with highly talented, professional and knowledgeable representatives of the U.S. legal system – individuals who not only know their business, but know how to transmit their experience.

-Mr. Kazuo Watanabe, leader of the Brazil Civil Justice Legal Study Group, in a letter to ISDLS Board President, Robert Goodin, September 2002

ISDLS is currently conducting a civil justice, criminal justice and intellectual property (IP) reform project based in Sao Paulo, Brazil. Through the use of trial alternatives, the civil and criminal justice reforms address the crippling backlog and delay that impede the operation of the courts and access to justice. The IP reform project pioneers a cooperative plan between Brazilian prosecutors and private industry to create mechanisms for the successful prosecution of major international piracy criminals. ISDLS is working closely with the Brazilian Legal Study Group (BLSG) to design and implement all three components of reform.

Civil Justice

Through the implementation of mediation and case management, the civil justice reformproject, ongoing since 2000, will provide an alternative to the time and expense of a full trial. A mediation pilot project has been created in the appellate court of Sao Paulo, which currently has a backlog of over 360,000 cases; the project will begin mediating cases in the Spring 2003. Future phases will include expansion of the mediation pilot to the trial courts, and the design and implementation of a Brazilian case management mechanism.

Criminal Justice

The BLSG has advised that the Brazilian criminal diversion mechanism, provided for by legislation in 1995, is almost never utilized. Expanding the use of this trial alternative will allow the Brazilian criminal justice system to prosecute an increased volume of crime through a more effective use of limited criminal justice resources. ISDLS and the BLSG will collaborate to refine this diversion mechanism and demonstrate its use to a large audience of Sao Paulo-based legal professionals.

IPR

The IP reform effort will provide Brazilian prosecutors with access to the investigative resources and developed anti-piracy strategy of private IP industry, making the prosecution of major IP offenders possible. This plan is the first of its kind, and establishes a global model for collaborative IP enforcement strategy. In February 2003, a meeting between industry heads and Brazilian prosecutors will take place in Sao Paulo.