Only 80 Million Cases to Go

That’s how Brazil closed out 2024 - with more than 80 million pending court cases. It’s a staggering number that highlights the chronic delays and mounting strain on the country’s judicial system.

Most of these cases are tied up in the state courts. Lower courts account for 61.7 million, small claims courts another 10.8 million, and appellate courts 4.8 million. Federal and labor courts add 11.8 and 5.1 million more.

So what’s behind the backlog?

It’s not just a shortage of judges. Courts are bogged down by outdated systems, understaffing, and poor file management. Some cases stay open for years simply because a party can’t be located, an heir hasn’t been identified, or court fees haven’t been paid. And while many courts are working to modernize with digital systems, those upgrades often take years to implement.

There’s some good news though. In 2024, Brazilian courts resolved more cases than were filed. But it’s hardly time to celebrate. On average, it still takes 871 days (over two years) for a first ruling. For a trial court judge to reach a final decision on the merits, expect closer to four years.

Artificial intelligence is expected to help manage case loads. Like all industries, some courts are experimenting with AI tools to help draft documents and control workflow. But don’t expect miracles. As long as the basic infrastructure remains broken, AI is more of a Band-Aid than a cure. Your best bet is to stay out of court altogether.

LitigationGreg Barnett