Compute Brazilian succumbence attorney fees under CPC art. 85, including the marginal Public Treasury brackets.
Succumbence attorney fees are the amount the losing party pays to the winning party's lawyer. Between private parties, art. 85, §2 sets the rate between 10% and 20% over the award, the economic benefit or the updated claim value. When the Public Treasury loses, §3 creates five brackets measured in minimum wages, with decreasing rates (from 10–20% down to 1–3%), and §5 states that each bracket applies only to the slice of the base within it, the so-called marginal or staggered application. This calculator sums bracket by bracket, shows the legal floor and ceiling, and applies the appellate increase of §11 while respecting each bracket's ceiling.
Many spreadsheets apply a single percentage over the entire award against the Public Treasury. That contradicts §5 of art. 85 and almost always produces a different amount from the correct one.
Example: in an award of BRL 1,000,000 with a minimum wage of BRL 1,518, bracket I (up to 200 MW = BRL 303,600) carries 10% to 20% and only the excess enters bracket II (8% to 10%). At the floor, the correct total is BRL 86,072, different from the BRL 80,000 a flat 8% over the whole amount would yield.
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It is the rule of art. 85, §5: each rate bracket applies only to the portion of the base that falls within that range of minimum wages, and the results are summed. You do not apply a single percentage over the whole amount, that is the most frequent mistake in this calculation.
⚠️ Educational estimate based on Brazilian CPC art. 85. The actual award is set by the court and weighs diligence, complexity and time spent (§2, I–IV). It does not replace the court accountant's calculation or legal advice.
| Bracket | Base slice | Rate (min–max · applied) | Fees |
|---|---|---|---|
| Up to 200 MW | R$ 324.200,00 | 10–20% · 10.00% | R$ 32.420,00 |
| 200 – 2,000 MW | R$ 675.800,00 | 8–10% · 8.00% | R$ 54.064,00 |
| 2,000 – 20,000 MW | R$ 0,00 | 5–8% · 5.00% | R$ 0,00 |
| 20,000 – 100,000 MW | R$ 0,00 | 3–5% · 3.00% | R$ 0,00 |
| Above 100,000 MW | R$ 0,00 | 1–3% · 1.00% | R$ 0,00 |
Fees per marginal bracket
Each bracket applies only to the slice of the base that falls within it (§5). Applying a single percentage to the entire amount is the most common mistake in fees against the Public Treasury.
Legal basis: Law 13.105/2015 (Brazilian CPC), art. 85, §§2–6, 11 and 14, and art. 86. Minimum wage per the legislation in force for each year.
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