10% floor
- Input
- Condenação de R$ 50.000
- Expected output
- R$ 5.000 no mínimo legal
Baseline for comparison with the ceiling on the same claim value.
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succumbence fees between private parties brazil
Between private parties the band is single and has no staggering, but the calculation base, the legal weighing of the criteria and mutual loss can still change considerably the final amount owed by the losing party.
Baseline for comparison with the ceiling on the same claim value.
A BRL 5,000.00 range up to the ceiling, set by the §2, I–IV criteria.
Section 14 prevents offsetting one amount against the other: both fees are autonomous even with partial loss.
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.
Over the award, the economic benefit or, if it cannot be measured, the updated claim value (§2), always within the single 10%–20% band.
No. Section 14 forbids offsetting; each party fully bears the fees of the other party’s lawyer, in proportion to what it lost.
No. Section 2 sets a single 10%–20% band for cases between private parties, with no division by value brackets at all; the minimum-wage staggering of §3 only applies when the Public Treasury is the party that lost 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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