improcedência

Improcedência is a legal term used in civil law jurisdictions, particularly in Portuguese and Spanish speaking countries. It translates to "non-merit" or "unfounded" in English and refers to a judicial decision where a lawsuit or claim is dismissed by the court because it lacks legal basis or sufficient evidence to support it. When a judge declares a case improcedente, it means that the plaintiff's requests have not been granted.

This decision can be based on various factors. The court might find that the facts presented do not align with the legal requirements for the claim, that the evidence provided is insufficient to prove the allegations, or that the claim is legally barred for some reason. It is distinct from a dismissal for procedural reasons, such as lack of jurisdiction or improper filing, although a case might also be dismissed on those grounds.

An improcedência decision means the court has examined the substance of the case and found it to be without merit. The outcome typically results in the defendant being absolved of any liability or obligation that was sought by the plaintiff. The losing party may have the option to appeal the decision to a higher court, arguing that the lower court erred in its assessment of the facts or the law. The concept of improcedência is fundamental to the administration of justice, ensuring that only valid and well-supported claims proceed through the legal system.