Crossing bracket I
- Input
- R$ 1.000.000 · SM R$ 1.518
- Expected output
- Faixa I (10–20%) + excedente na faixa II (8–10%)
At the floor, BRL 86,072, not the BRL 80,000 of a flat 8%.
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attorney fees against the public treasury brazil
When the Treasury loses, the costliest mistake is applying one flat rate over the whole award, the law requires slicing the base into brackets.
At the floor, BRL 86,072, not the BRL 80,000 of a flat 8%.
Useful to check the boundary between brackets.
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.
No. Section 5 requires the staggered application: each bracket applies only to its slice, and the amounts are summed.
The one in force when the liquid judgment is rendered or at the liquidation date, per art. 85, §4, IV.
⚠️ 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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