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Legal Guides / Dispute Resolution

Enforcing a Foreign Judgment in Brazil

No direct enforcement. A specific process. Exact requirements.

A judgment obtained abroad cannot be enforced directly against assets in Brazil. It must first be recognised by the Superior Court of Justice (STJ) through a recognition proceeding. Understanding the process, and preparing for it correctly, determines whether enforcement is achievable at all.

Quick Read

No direct enforcement: A foreign judgment must be recognised in a separate proceeding before the STJ before it can be executed against Brazil-based assets.

The STJ reviews procedure, not merits: The STJ does not re-examine whether the foreign decision was correct; it reviews only whether the foreign proceeding met defined procedural requirements.

Specific formal requirements apply: The judgment and supporting documentation must meet precise requirements as to form, authentication, translation and content.

Public policy is the main substantive barrier: The STJ will refuse recognition if the judgment conflicts with Brazilian public policy, sovereignty or human dignity.

Arbitral awards follow a faster, more predictable path: Recognised under the Brazilian Arbitration Act and the New York Convention, with narrower refusal grounds than court judgments.

Enforcement follows recognition: Once the STJ grants recognition, enforcement tools including SISBAJUD electronic bank seizure become available.

Recognition is not automatic, but it is achievable. Preparation determines the outcome

Recognition is governed by the Code of Civil Procedure (arts. 960 to 965), the Law of Introduction to Brazilian Legal Norms (art. 15) and the STJ’s own internal rules. The STJ has exclusive original jurisdiction over all foreign judgment recognition proceedings. The proceeding is not an appeal: there is no re-examination of the facts or the law applied. The STJ’s analysis is confined to a defined list of formal and procedural requirements.

Brazil acceded to the Hague Apostille Convention, simplifying authentication for documents from member states. What is distinctive about Brazil is the exclusive centralisation of all recognition proceedings before a single national court, and the mandatory involvement of the Attorney-General’s Office (AGU) and the Federal Public Prosecutor’s Office (MPF) in every proceeding.

No treaty of reciprocal enforcement

Brazil has no bilateral treaty for mutual recognition of court judgments with Australia, Canada, New Zealand, the UK, the US or most common law jurisdictions. Recognition proceeds under the general framework, and Brazil’s recognition framework does not condition recognition on reciprocity.

The Superior Court of Justice: exclusive jurisdiction over all foreign judgments

Every application for recognition, regardless of the originating country or subject matter, must be filed with the STJ in Brasilia. There is no alternative forum.

Constitutional basis

Article 105(I)(i) of the Federal Constitution

Exclusive STJ jurisdiction is established directly in the Constitution and cannot be varied by contract or choice of forum clause.

Procedural framework

Recognition proceedings before the STJ

The STJ’s internal rules specify the documents required, the roles of the AGU and MPF, and the form of the recognition order.

Post-recognition enforcement

Federal courts of first instance

Enforcement is filed at the federal court where the debtor’s assets are located, using the recognition order as the enforceable instrument.

Institutional participants

AGU and MPF: mandatory involvement

Both the Attorney-General’s Office and the Federal Public Prosecutor’s Office participate in every proceeding, adding time even where they do not object.

Challenged applications

Challenge by the judgment debtor

The debtor may challenge only on formal grounds, not the merits; a challenge significantly lengthens the proceeding.

Timeframes

Typical duration: 6 months to 2 years

Unchallenged applications with complete documentation typically take 6-12 months; challenged proceedings can take 18 months to 2 years or more.

Requirements

What the STJ requires: the five formal conditions for recognition

Finality

The foreign judgment must be final and binding in the originating country

An interlocutory order, a judgment under appeal or a provisional decision cannot form the basis of an application. Partial recognition of a divisible portion is possible but less predictable than full recognition.

Jurisdiction

The foreign court must have had jurisdiction over the parties and subject matter

Brazil assesses whether the foreign court validly exercised jurisdiction under its own law. A judgment on a matter within Brazilian exclusive jurisdiction (immovable property, succession or corporate dissolution in Brazil, domestic IP) will be refused regardless.

Service

The judgment debtor must have been duly served in the original proceedings

Where the defendant was in Brazil when the original proceedings were served, service must have been effected through a letter rogatory or, where applicable, the Hague Service Convention. The STJ’s Corte Especial restated the rule in February 2026: service by registered post on a defendant domiciled in Brazil is irregular, and an irregular citação offends national public policy and bars recognition (STJ Informativo 891 of 2 June 2026). Service by post, courier, email or alternative electronic means on a Brazil-resident defendant may therefore defeat later recognition, particularly in default cases.

Authentication

Documents must be authenticated and accompanied by a certified Portuguese translation

Documents from Hague Apostille Convention countries are apostilled then translated; others require full consular legalisation. Translations must be by a translator registered with a Brazilian Commercial Registry.

Public Policy

The judgment must not conflict with Brazilian public policy, sovereignty or human dignity

Rarely applied to routine commercial money judgments, but punitive damages, unfamiliar equitable remedies, and family, immigration and criminal judgments face closer scrutiny.

Procedural Steps

How a recognition proceeding works in practice

Step 1

Assembling and authenticating the document bundle

The applicant compiles the judgment, evidence of finality and service, apostilled/legalised and translated by a registered Brazilian translator. This typically takes the most time.

Step 2

Filing the petition with the STJ

Filed electronically by Brazilian counsel holding a power of attorney; foreign lawyers cannot appear before the STJ.

Step 3

Service on the judgment debtor and opportunity to challenge

The debtor has 15 days to challenge on formal grounds only; service abroad via the Hague Convention or letters rogatory extends the timeframe.

Step 4

Opinion of the Federal Public Prosecutor’s Office

The MPF reviews public policy and sovereignty; generally favourable in straightforward commercial cases but adds time.

Step 5

Decision by the STJ and the recognition order

Unchallenged cases may be decided by a single Justice; challenged or novel cases go to a panel. A refusal cannot simply be refiled with the same evidence.

Step 6

Enforcement before the federal trial court

With the recognition order, enforcement commences before the federal court where assets are located; SISBAJUD enables electronic bank seizure within minutes.

Grounds for Refusal

When the STJ will refuse recognition

Most refusals arise from documentary deficiencies rather than substantive objections.

Conflict with Brazilian exclusive jurisdiction

Immovable property, corporate dissolution or domestic IP disputes cannot be recognised regardless of the quality of the foreign proceedings.

Lack of finality or pending appeal

Recognition is refused until the judgment is final under the law of the originating country.

Defective service

Where the defendant was domiciled in Brazil, service by registered post is irregular. Service must be by letter rogatory or, where applicable, under the Hague Service Convention; an irregular citação is a public-policy defect that can bar recognition, with default judgments receiving especially close scrutiny.

Public policy

Disproportionate punitive damages or unfamiliar legal mechanisms producing outcomes contrary to Brazilian principles can be refused.

Conflict with a prior Brazilian judgment

A foreign judgment conflicting with an already-final Brazilian decision on the same dispute will not be recognised to that extent.

Documentary deficiency

Missing translations, incorrect apostilles or unregistered translators are the most common practical cause of delay or failure.

Partial recognition. The STJ may recognise a divisible part of a foreign judgment where only a portion conflicts with the grounds for refusal, for example recognising a compensatory damages component while refusing a punitive damages element.

Arbitral Awards

Foreign arbitral awards: a faster and more predictable path

Brazil is a party to the New York Convention and the Brazilian Arbitration Act (Law 9,307/1996) governs recognition. The process also runs through the STJ, but the refusal grounds under article V of the Convention are narrower and more precisely defined, and STJ precedent on arbitral awards is substantially more developed than for court judgments.

+Narrower refusal grounds: New York Convention grounds are precisely defined and applied restrictively by the STJ.

+More developed STJ precedent: A larger body of decided cases makes outcomes more predictable than for court judgments.

+Domestic awards are directly enforceable: A Brazil-seated award requires no STJ recognition step at all.

!Same STJ process applies: Foreign awards still require STJ recognition with substantially the same documentation requirements.

!Scope limited to arbitrable matters: Consumer, employment and certain public law disputes cannot be arbitrated.

!Arbitration agreement validity is scrutinised: An imprecise or unsigned clause can provide grounds to challenge recognition.

Common Mistakes

Six mistakes in foreign judgment enforcement strategy

Assuming enforcement will follow automatically from a favourable judgment

Recognition takes 6 months to 2 years even when everything is in order; enforcement strategy must be built into the litigation plan from the outset.

Failing to ensure valid service on Brazilian defendants

If the defendant was in Brazil, do not rely on post, courier, email or other alternative service. The February 2026 Corte Especial rule requires a letter rogatory or, where applicable, Hague Service Convention service; otherwise later recognition may be refused.

Not investigating the debtor’s assets in Brazil before filing

Recognition without reachable assets leaves nothing to enforce against; conduct an asset investigation early.

Using unregistered translators or incorrectly apostilled documents

Technical authentication errors add months to a proceeding and are entirely avoidable with careful preparation.

Not assessing the public policy risk of unusual elements

Punitive damages or unfamiliar remedies should be assessed against STJ precedent, with a partial recognition strategy considered.

Choosing a court jurisdiction clause over arbitration

For significant commercial relationships with Brazilian counterparties, arbitration reaches enforcement in Brazil faster and more predictably.

Get advice

Enforcing a judgment against a Brazilian debtor?

Whether you hold a foreign court judgment or arbitral award, early advice on the Brazilian process is the most effective investment.

Enforcement readiness checklist

✓Judgment confirmed final and not subject to ordinary appeal

✓Service on the Brazilian defendant evidenced and documented

✓Public policy risk assessed against current STJ precedent

✓Exclusive jurisdiction overlap ruled out

✓Document bundle assembled: judgment, finality certificate, service evidence

✓Apostille obtained (or consular legalisation completed) for all documents

✓Registered Brazilian sworn translator engaged

✓Debtor’s Brazilian assets identified and located prior to filing

This page is a summary only and does not constitute legal advice.

Brazilian lawyers for foreign companies, investors and law firms.

Sao Paulo

Rua Quintana, 887/32
Sao Paulo SP 04569-011, Brazil
+55 11 5505 2485
info@deffenti.com

Brisbane

Level 34, 1 Eagle Street
Brisbane QLD 4000, Australia
+61 7 3040 9301
info@deffenti.com

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