The scope of disclosure of evidence in Brazilian judicial proceedings is very limited in comparison to disclosure in common law jurisdiction, such as the United States. Parties typically seek extensive disclosure from each other in US civil litigation, and the relevant US rules of evidence require parties to disclose relevant documents in the litigation even if those documents contain information that is harmful to the disclosing party. Brazilian parties increasingly are exploring whether they can avail of discovery from the US that could be used in support of local Brazilian civil litigation or regulatory proceedings.
May 1, 2024
