Homologation of a Foreign Judgment in Brazil

What is a Foreign Judgment?

A foreign judgment is a judicial or arbitral decision handed down by a competent authority in a country other than Brazil. For such a judgment to be valid and enforceable in Brazil, it must go through a homologation process before the Superior Court of Justice (STJ).

Situations in Which a Foreign Judgment May Occur

Foreign judgments can arise in various situations, such as:

• Divorce: Divorce judgments handed down in other countries.

• Commercial disputes: Arbitration awards in international commercial conflicts.

• Recognition of Paternity: Judicial decisions on recognition of paternity or custody of minors.

• Enforcement: Judgments relating to debts or financial obligations.

Cases Requiring Homologation of a Foreign Judgment

1. Divorce Judgment: Divorce judgments handed down abroad need to be ratified in order to be valid in Brazil (art. 4 of Resolution 09/STJ, of 05/04/2005).

2. Arbitral Award: Foreign arbitral awards need to be ratified in order to be enforced in Brazil.

3. Recognition of Paternity: Foreign judgments recognizing paternity need to be ratified in order to have legal effect in Brazil.

4. Debt Collection: Foreign judgments related to debt collection or other financial obligations need to go through the homologation process.

Homologation Procedure

The homologation of a foreign judgment involves several stages and requirements, as established by the Code of Civil Procedure and Resolution n. 09/STJ, of 05/04/2005.

Indispensable Requirements for Homologation:

• Competent Authority: The decision abroad must have been handed down by a competent authority.

• Regular Service: The parties involved must have been properly served or default must have been legally verified.

• Final Judgment: The judgment must have become final, i.e. there must be no possibility of appeals.

• Authentication: The judgment must be authenticated by the Brazilian Consulate in the country of origin and accompanied by a translation by a sworn translator in Brazil.

Required documents:

• Translated foreign arbitral award.

• Translated arbitration agreement or certified copy.

• Documents of the parties.

• Power of attorney granting powers to the lawyer.

• Initial petition.

Ratification is essential for a foreign award to be valid in Brazil. Without homologation, the award cannot be enforced, which prevents its provisions from being applied in Brazil.

The homologation process usually takes 2 to 3 months, depending on the complexity of the case and compliance with the formal requirements. Costs include:

• Costs of sworn translations of documents.

• Procedural costs.

• Legal fees.

If you need to homologate a foreign judgment in Brazil, contact our experts. We offer complete guidance and support at every stage of the process, ensuring that all requirements are met for a quick and effective homologation.