intervenente

Intervenente is a legal term used in civil procedure to describe a person or entity that joins an ongoing lawsuit to protect an interest that could be affected by the outcome, without being one of the original parties. The intervenente seeks to participate in the proceeding to ensure that the intervened rights or legitimate interests are considered, while remaining separate from the main claims of the plaintiff or defendant.

Etymology and scope: The word comes from Latin intervĭnire, meaning to come between. In many civil law systems, intervention is a formal mechanism that allows a non-party with a direct stake in the dispute to enter the proceedings. The intervenente may be allowed to present evidence, file pleadings, and argue points relevant to their interest, subject to the court’s rules and the scope established for their participation. Their involvement is typically limited to issues that affect their rights and does not automatically convert them into co-plaintiffs or co-defendants, nor does it expand the core relief sought by the original parties.

Forms and procedure: Depending on the jurisdiction, intervention can be voluntary (the party seeks to intervene with authorization) or mandatory (the law or the court requires participation). The intervenente usually must file a petition or motion to intervene, demonstrating a direct and legitimate interest and showing that their participation could influence the outcome. The court decides whether to grant or deny intervention, and, if admitted, the intervenente participates under the court’s procedural timetable.

In common-law contexts, a closely related concept is the intervener or intervenor, who may participate under specific rules, sometimes as of right or by leave of court. See also amicus curiae as a related, non-party advocacy mechanism.