Brazilian Supreme Court Defines New Criteria for Granting Exemption from Court Fees

Authors: Gabriela Lima, Mariana Fiorotto, and Beatriz Marcelino

Brazilian Supreme Court establishes new nationwide criteria for granting exemption from court fees, creating a presumption of economic hardship for individuals earning up to BRL 5,000 per month.

 

On 3 September 2026, the Brazilian Supreme Court (“STF”) concluded the judgment of Declaratory Action of Constitutionality No. 80 and established new criteria for granting exemption from court fees throughout the Brazilian Judiciary, including the Labour Courts. The decision is expected to significantly impact litigation strategies and access to exemptions from court fees.

Under the new framework established by the STF, individuals earning up to BRL 5,000 per month are presumed to lack sufficient financial resources to bear litigation costs and, therefore, may obtain an exemption from court fees without prior proof of economic hardship. This presumption may nevertheless be challenged if there is evidence demonstrating that the individual has sufficient financial means.

For individuals earning more than BRL 5,000 per month, an exemption from court fees remains available. However, a mere statement of economic hardship will no longer be sufficient. In such cases, the applicant must present evidence demonstrating an inability to bear court costs and other litigation expenses without jeopardizing their own subsistence or that of their family.

The STF further determined that the new criteria will apply only to claims filed on or after publication of the minutes of the judgment on the merits. Therefore, requests for exemptions from court fees in cases filed before that publication should continue to be governed by the rules and case law applicable at the time the claim was filed.

This decision represents a significant change from the approach previously adopted by many Labour Courts, which often accept statements of economic hardship as sufficient evidence to grant exemption from court fees. Consequently, employers involved in labour litigation should assess more closely whether requests for exemption from court fees meet the criteria established by the STF, particularly where the individual’s financial circumstances appear inconsistent with the benefit sought.

 

Key Action Points for Human Resources and In-house Counsel

• Review litigation strategies for labour claims filed on or after publication of the minutes of the STF’s judgment on the merits, considering the new requirements for obtaining exemption from court fees;

• Evaluate, on a case-by-case basis, whether there are grounds to challenge requests for exemption from court fees where the individual’s financial circumstances appear inconsistent with the benefit sought;

• Monitor how Labour Courts implement the STF’s ruling, especially regarding the evidence required from plaintiffs earning more than BRL 5,000 per month.