Ana Carolina Barros

Unlike other jurisdictions, injunctions in Brazil are no equitable remedy. There is no discretionary power of the court to decide whether to grant a permanent injunction upon the finding of infringement at the end of the proceedings. Injunctive relief is the primary remedy, and it can only be substituted by financial damages at the election of the plaintiff. Preliminary injunctions, on the other hand, are subjected to the discretion of the courts—and must pass a test of balance of hardships.