Within the ceiling
- Input
- Fixação em 10% + 5 p.p.
- Expected output
- 15% aplicados, sem atingir o teto
The increase fits entirely.
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appellate attorney fee increase brazil
The appellate increase rewards extra work at the court, but it cannot break the bracket ceiling, and that is where many calculations fail.
The increase fits entirely.
The excess is dropped by §11.
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.
Not between private parties: §11 forbids exceeding the §§2 and 3 ceiling in the overall fee computation.
Yes, adding percentage points per bracket, always capped at that bracket’s legal maximum.
⚠️ 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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