The Supreme Federal Court (STF) has approved Espírito Santo’s revised judicial fee schedule, allowing the higher charges to take effect as early as this week. The ruling stems from a constitutional challenge brought by the Brazilian Bar Association against a state law, following an earlier decision by the Espírito Santo Court of Justice.
The original legislation (12695/25) had included fees reaching R$493,000 in certain cases, which the bar association argued were disproportionate and would destabilize the balance between judicial funding and access to justice. After revisions, the updated law (12861/2026) maintained the fee structure but limited the maximum increase to approximately R$98,000.
Justice Cármen Lúcia, who authored the report, dismissed the association’s objections, emphasizing that the new rates resulted from negotiations between local courts and the Espírito Santo bar association. She pointed out that fees had not been adjusted since 2003 and defended the changes as justified, especially for services provided by the Centro Judiciário de Solução de Conflitos e Cidadania (CEJUSCS), which handles pre-litigation dispute resolution.
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Although small-claims cases will remain exempt from fees, Justice Lúcia acknowledged that the increases exceeded standard inflation adjustments. To ease the transition, the court ordered a 90-day delay before any charges are applied, pending finalization of the STF’s decision.
Justices Flávio Dino and Gilmar Mendes filed partial dissents, arguing that even the reduced fees were excessive. Dino proposed linking future adjustments to the Selic interest rate, referencing a prior STF ruling in Tocantins. He also condemned the imposition of charges for CEJUSCS services, stating that such fees would discourage mediation efforts.
According to local reports, the STF’s decision marks the first time it has upheld a state’s judicial fee hike after a constitutional challenge.
