Default is a term legal which expresses the state or quality of default, that is, is someone who does not appear at trial (or appears and does not present a defense), after citation. In a figurative sense, default can also be a synonym for rebellion.
The adverbial phrase "by default", expresses a situation in which the defaulter does not appear, and can also mean "by chance". In a "trial by default", it consists of the ruling against a party who did not appear or was represented at the proper hearing.
In the context of civil proceedings, default is the defendant's inaction in the face of the plaintiff's request. It might be absolute, if the defendant does not appear in court, that is, if he does not perform any act in the process, or relative, if the defendant does not contest but appears in court in any other way, namely by appointing a prosecutor. A defaulter can at any time assume and be part of the process, even if he has not presented a defense in time. However, it can only take over the process in the state it is in, and can act from that point on.
Default Effects
Article 319 of the CPC indicates that the effects of default consist in the presumption that the facts alleged in the complaint are true. Despite this, it is important to emphasize that it is possible to have a default and not verify its effects.