petition is the act of asking something formally, via signing a written application.
Petitions are, as a rule, directed to a higher institution, directly or indirectly responsible for matters relating to the individuals requesting these requests.
Typically, petitions represent an act of manifestation against some situation or condition considered unsatisfactory by the population. Labor petitions are examples of the most common complaints.
On the internet, for example, there are several websites and groups that organize public petitions, raising a certain number of signatures to try to prove the dissatisfaction of the popular majority, if that's the case.
The right to petition is provided for in article 5, item XXXIV, of the Federal Constitution of 1988, as indicated in the text below:
"XXXIV - are guaranteed to all, regardless of the payment of fees: a) the right to petition the Public Authorities in defense of rights or against illegality or abuse of power; b) obtaining certificates from public offices, for the defense of rights and clarification of situations of personal interest;"
Inicial petition
In the legal field, the presentation and explanation made by the lawyer to the judge is called an initial petition when it is desired to proceed with a particular cause or proceeding.
However, according to article 282 of the Code of Civil Procedure, the initial petition must follow some mandatory requirements to be considered valid, such as:
- Addressing;
- The names, first names, marital status, profession, domicile and residence of the plaintiff and the defendant;
- The fact and legal basis of the request;
- The order, with its proper specifications;
- The value of the cause;
- The evidence that demonstrates the truth of the alleged facts;
- The application for service of the defendant;
Also in the field of Law, when a new document is attached by the lawyer (either the defendant or the plaintiff) to the existing process, this act is called petition file.
In legal terms, petitions are all special, extraordinary and ordinary resources that must be attached to the case file. The expression “attached petition” refers to this action.
See also: the meaning of draft.
