Within the ceiling
- Input
- Fixação em 10% + 5 p.p.
- Expected output
- 15% aplicados, sem atingir o teto
The increase fits entirely because 15% still sits below the 20% ceiling of §2.
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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 against the Treasury that ceiling locks bracket by bracket, not by the overall average of the award.
The increase fits entirely because 15% still sits below the 20% ceiling of §2.
The 5-percentage-point excess is dropped by §11.
Bracket I absorbs the whole increase (10%→15%); bracket II is already at its 10% ceiling and receives no extra points.
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 20% ceiling of §2 in the overall fee computation, even when several appeals or several increase decisions are combined throughout the case.
Yes, adding percentage points bracket by bracket, each one capped at its own legal ceiling, not at a single average over the whole award.
Over the rate already set in the earlier decision, not over a new calculation base; that is why it adds percentage points to the existing percentage, always subject to the legal ceiling of the bracket that applies to the case.
⚠️ 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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