450 Mind Maps for OAB ➡️ https://oab.tatudomapeado.com.br/ ????Telegram Channel: https://t.me/mapasgram STEP BY STEP ON HOW TO PREPARE AN INITIAL PETITION IN ACCORDANCE WITH THE NEW CPC OF 2015. Subscribe to the CHANNEL: https://goo.gl/jfNiE3 At minute: 4:27, item IV is cited in the audio, but the correct one is VI as it is in the video ???? Visit our website (the Best Mind Maps for Contests and OAB Exams): ''The number of pages of your petition is not linked to its quality.'' This is the phrase I start this video with. Before starting... subscribe to the channel and turn on notifications, so you don't miss any new content. Much of what you need to know about the initial petition is contained in arts. 319 to 321 of the cpc. The jurisdictional power is an inert power and needs to be provoked. And this provocation is through the Initial Petition, in which the author sets the limits of the jurisdictional action. Thus, the judge cannot judge infra, extra or ultra petita. For the petition to be valid, it must meet the requirements set forth in art. 319 of the Code of Civil Procedure. And the first requirement is the court to which it is addressed, which is the body of the judiciary. Before, we addressed it as follows: HONORABLE MR. JUDGE OF LAW OF THE X CIVIL COURT OF THE DISTRICT OF NOVA IGUAÇU/RJ In other words, it was addressed to the judge. With the advent of the Code of Civil Procedure of 2015, the address became as follows: TO THE COURT OF THE X CIVIL COURT OF THE DISTRICT OF NOVA IGUAÇU/RJ Just to make it clear that this address is in accordance with art. 319, I, of the CPC, ok? Another requirement that is provided for in item II of art. 319 is the qualification of the plaintiff and defendant. Names; First names, Marital Status, Existence of a Stable Union, Profession, CPF or CNPJ, email (which is the electronic address) and domicile. Item three brings as a requirement the facts and legal basis of the request. It is usually done as follows: Open a topic to narrate the facts, tell your little story. And it must be clear and objective, in the simplest way possible, without using excessive legal terms. You can highlight the parts that you consider most important, but also without exaggeration. Remember the phrase: "The page number of your petition is not linked to its quality." After the facts, you open the topic with the legal grounds: In it, you will cite the articles, laws, doctrinal understandings and case law that are in accordance with the facts you described, that is, that will give strength for your request to be accepted. In practice, judges do not usually pay much attention to the topic of legal grounds. I will give you a tip on what I do to force the judge to read the legal grounds. At the same time that I describe the facts, I cite the legal grounds, For example: ... the electricity was not restored on time, which is contrary to article such and such of law such and such. Just an example, a tip if you want to emphasize a legal ground. Another requirement is the requests: It is not enough to cite the facts, you must request, petition the court so that it can grant or deny. The petition must also indicate the value of the case: Which indicates how much the requests are worth: It also serves to delimit the value of the legal costs and attorney's fees. Section VI of art. 319, talks about the evidence to demonstrate the alleged facts, in the initial you must inform which evidence you will demonstrate, whether it is documentary (which can be attached to the petition), testimonial, etc. To avoid having to specify which evidence, we can put it as follows: The plaintiff will prove the allegations by all means of proof admitted by law. In section VII, we have the option of holding or not a conciliation or mediation hearing. We have a complete one on this topic, I will leave it in the comments link and in the card above. What if you do not have enough information to qualify the defendant? In this case, you can request diligence from the judge as provided for in the first paragraph of art. 319. For example: you know the name, but do not know the address of the other party. You can request the search for the address in the agreements, Bacenjund, infojud, Renajud or the issuance of an official letter to social networks, banks, detran, etc. The petition must be accompanied by the documents required to file the lawsuit, as provided for in article 320 of the Code of Civil Procedure. For example: the CPF, the Plaintiff's proof of residence and the attorney's power of attorney. And as stated in article 321 of the Code of Civil Procedure, if the initial petition does not meet these requirements, the judge will determine that, within 15 days, the plaintiff amends or completes the petition. This period is in business days. If the plaintiff does not amend or complete the petition, the judge will dismiss the initial petition. Nothing prevents you from filing the petition again,