Introduction
In an increasingly globalized world, the need for recognition of judicial decisions issued in other countries becomes more and more frequent. The recognition and enforcement of foreign judgments is the legal procedure that allows a judicial decision issued in one country to have legal effects in another.
This comprehensive guide aims to provide a thorough understanding of the process of recognizing and enforcing foreign judgments in Brazil, covering the following topics:
Concept and Legal Nature
Jurisdiction
Legal Requirements
Procedure
Effects of Recognition
Grounds for Refusal
Appeals
International Conventions
Jurisprudence
Costs and Fees
1. Concept and Legal Nature
The recognition and enforcement of foreign judgments is a special procedure provided for in the Brazilian Code of Civil Procedure (CPC) that aims to give efficacy to a judicial decision issued in another country on national territory.
This procedure is not a new trial but rather a procedural incident that aims to verify whether the foreign judgment meets the legal requirements to be valid in Brazil.
2. Jurisdiction for the Recognition and Enforcement of Foreign Judgments
The jurisdiction to recognize and enforce foreign judgments in Brazil belongs to the Superior Court of Justice (STJ), as set forth in article 105, I, "i", of the Federal Constitution.
3. Legal Requirements
For a foreign judgment to be recognized and enforced in Brazil, it must meet the following requirements:
It must have been issued by a competent foreign court;
It must have become res judicata in the country of origin;
It must be duly translated by a sworn translator and legalized by the competent authorities;
It must not contradict Brazilian public order;
It must not be incompatible with national sovereignty;
It must not offend the fundamental principles of the Brazilian legal system.
4. Procedure
The procedure for the recognition and enforcement of foreign judgments is initiated by filing a petition addressed to the Chief Justice of the STJ, accompanied by the necessary documentation, including the translated and legalized foreign judgment.
The STJ will review the legal requirements and decide on the recognition and enforcement of the foreign judgment.
5. Effects of Recognition
The recognition of a foreign judgment validates and makes effective in Brazil the judicial decision issued in another country, allowing it to be used for:
Collecting debts;
Executing obligations to do or not to do something;
Registering legal acts;
Qualifying for inheritances.
6. Grounds for Refusal
The recognition of a foreign judgment may be denied if:
The foreign judgment is incompatible with Brazilian public order;
The foreign judgment offends national sovereignty;
The foreign judgment violates the fundamental principles of the Brazilian legal system.
7. Appeals
An internal appeal (agravo regimental) may be filed against the STJ’s decision to recognize or deny recognition of a foreign judgment.
8. International Conventions
Brazil is a signatory to several international conventions regarding the recognition and enforcement of foreign judgments, such as the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters (1954).
9. Jurisprudence
The jurisprudence of the STJ has established the understanding that the recognition of a foreign judgment is a special procedure aimed at verifying whether the foreign judgment meets the legal requirements to be valid in Brazil.
10. Costs and Fees
The procedure for the recognition and enforcement of foreign judgments incurs procedural costs and attorney fees.
Conclusion
The recognition and enforcement of foreign judgments is an important procedure that allows the recognition of judicial decisions issued in other countries on national territory.
This comprehensive guide has provided a thorough understanding of the process for recognizing and enforcing foreign judgments in Brazil, covering the key legal and practical aspects of the procedure.
Important:
This guide aims to provide general information and should not be construed as legal advice. For a specific analysis of your case, consulting with a specialized lawyer is essential.
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