Kathy Ann Mutz Oct 7, 2009:

By definition, an "Agravo" can only be filed against an "Interlocutory Decision" You said that it led to the reversal of the judge's "sentence"; I would suspect that it was not filed against the final sentence itself (which granted or denied the adoption) but rather, against some intermediate decision, probably regarding procedures, or the admissibiilty of certain evidence, that he made during the course of the proceedings. In any event, as I said, if it was an "Agravo" it could only have been filed against an intermediate (interlocutory) decision. Otherwise, the higher court wouldn't have agreed to hear it.

Stephen Kramer (asker) Oct 7, 2009:

Kathy, I appreceate all of the information you have supplied and am not the least bit defensive of my decision in my translation. Again, my source text was a summary compiled by a later "promotor". The action reffered to in this case was some sort of appeal that led to the reversal of the judge's sentence on a technicality. It had nothing to do with anything originating with the parties involved in the adoption, only legal bickering between the DA and the judge. Should that in your opinio still have been translated as "Interlocutory appeal"? Thanks again for your input.

Kathy Ann Mutz Oct 7, 2009:

Stephen, thanks for your reply. Legal translation can be tricky, I agree, that's why I always try to provide the source material. Article 162 of the CPC clearly states that the Judges' acts are divided into sentenças, decisiões interlocutórias and despachos. A sentence is a final decision on a matter. An interlocutory decision (and this is key here) is a decision during the course of the proceedings, but which does not end the proceedings. A decision to allow (or to refuse to allow) evidence would be an example of an interlocutory decision. Despachos (which are not subject to any kind of appeal) are mere administrative acts, such as ordering that the proceedings be sent to the Prosecutor for a review.
An appeal against a sentence (which gives a final decision to a case) is called an "apelação." An appeal against an interlocutory decision is called an "agravo". (interlocutory appeal, in English, as confirmed by Blacks and the 2 bilingual dictionaries I mentioned). Nowhere in the definition of 'Bill of Review" does it refer to the idea that it is an appeal of an intermediate decision.
Good luck with the rest of your translation.

Stephen Kramer (asker) Oct 7, 2009:

This definition http://www.thefreedictionary.com/bill of review
fits to the T for the action taken by the "promotor" and called "recurso de agravo" in my document.

Marlene Curtis Oct 7, 2009:

Agree with Kathy... Do you know what a bill of review is? The responder didn't provide any examples or references...

Stephen Kramer (asker) Oct 7, 2009:

Sorry Kathy, I can understand your frustration in having a right answer turned down in favor of a possibly less right one. I see that happen all the time in my specialties too. I am not a lawyer nor is legal translation my field of expertise, so a lot of this legal bable does not make mutch sense to me. Anyways, the text I was translating is a summary of 8 years of feet dragging on the part of a "Promotor de justiça" who did everything and anything he could to stall this adoption. Not everything he did makes sense or fits the normal terminology. All this considered, the other term offered seemed to be ok for what I needed. Thanks for your contribution.

Kathy Ann Mutz Oct 7, 2009:

Both the Maria Chaves de Mello "Dicionário Jurídico" and "Dicionário do Direito, Economia e Contabilidade" by Marcílio Moreira de Castro give Interlocutory Appeal as the only translation for Agravo. The only bilingual legal dictionary that even mentions bill of review, even so, only as a second choice option, is the somewhat discredited Noronha, and even then, only for "Agravo DE INSTRUMENTO" (Agravos can be either "de instrumento" or "retido") CPC: "Art. 522 - Das decisões interlocutórias caberá agravo, no prazo de 10 (dez) dias, retido nos autos ou por instrumento." I learned in Brazilian law school to consult original sources for definitions, that's why I gave the defintion of Decisão Interlocutória as found in the Brazilian Código de Processo Civil, and the Black's definition of Interlocutory Appeal. According to the same Black's 8th edition, a Bill of Review is defined as: A bill in equity filed to enforce a right to redeem real property, usu. following a mortgage foreclosure or a delinquent-tax sale. It's your translation, of course, and you're free to choose whatever term you think looks the best, but I would love to see what sources you consulte