demandante

Demandante is a legal term used in Spanish and Portuguese to designate the party who brings a civil action. In civil procedure, the demandante initiates the lawsuit by filing a demanda (Spanish) or petição inicial (Portuguese) with the court. The counterpart to the demandante is the demandado in Spanish or réu in Portuguese. The term derives from Latin demandare, meaning “to demand” or “to claim.”

Usage and scope: In most Spanish-speaking jurisdictions, demandante refers to the plaintiff or claimant who asserts a right against another party. In Portuguese-speaking countries, demandante is used in formal legal language as well, though terms such as autor (“claimant” or “plaintiff”) may also be common depending on the jurisdiction and area of law. The exact rights and responsibilities of the demandante vary by national procedural rules.

Role in proceedings: The demandante bears the burden of presenting the facts and the legal basis for the claim, introduces evidence, and makes arguments supporting the claim. The demandante is typically represented by a lawyer and has the right to response, discovery in some systems, and appeals in accordance with local law.

See also: Plaintiff, defendant, civil procedure, justice system. The terms are used mainly in civil and administrative law contexts within Spanish- and Portuguese-speaking jurisdictions.