Recognition of foreign judgments in Brazil
How to make a divorce, a custody or support order, or another foreign judgment take effect in Brazil.
What recognition is
Judgments issued by courts of another country do not automatically take effect in Brazil. To be valid here, they must be recognized by the Superior Court of Justice (STJ), under Article 105, I, "i", of the Brazilian Constitution, or, in the case of a simple uncontested divorce, registered directly at the civil registry office.
The STJ does not re-examine the merits of the case: it checks whether the foreign judgment meets the requirements of Brazilian law.
A service reserved to lawyers. Recognition before the Superior Court of Justice is a court proceeding and can only be filed by a lawyer admitted to the Brazilian Bar (Law No. 8,906/1994, Art. 1, I).
When it is needed
- Divorce granted abroad, to remarry in Brazil, update your marital status or sell property without your former spouse's signature;
- custody, visitation and child support orders issued abroad;
- division of property and other financial decisions, subject to matters reserved to Brazilian courts;
- debt collection: a foreign judgment ordering someone to pay can only be enforced in Brazil after it is recognized by the STJ;
- foreign arbitral awards to be enforced in Brazil.
What happens while the judgment is not recognized
Until recognition (or registration, for a simple uncontested divorce), the foreign decision has no effect in Brazil. In practice:
- Under Brazilian law, you are still married. Married persons cannot marry again (Civil Code, Art. 1,521, VI). A new marriage in this situation may be declared void and, depending on the circumstances, may even amount to the crime of bigamy (Criminal Code, Art. 235).
- A new marriage celebrated abroad runs into the Brazilian registry while the previous one still appears as valid.
- Property and inheritance are exposed: selling real estate may require your former spouse's signature, and they may still appear as your spouse in probate proceedings.
- The debt cannot be collected here. Without recognition, the foreign judgment cannot be enforced in Brazil (Code of Civil Procedure, Arts. 515, VIII, and 961), and time works in the debtor's favor.
The best time to act is before the issue becomes a problem: a wedding date, a pending sale or an open probate.
Two possible paths
| Path | When it applies |
|---|---|
| Civil registry office | Simple uncontested divorce that only ends the marriage, with no provisions on minor children, custody, support or division of property. It is registered directly, without the STJ. |
| Superior Court of Justice | Divorces with provisions on children, custody, support or property, contested divorces and other foreign judgments, such as money judgments. It is a court proceeding handled by a lawyer. |
Even at the registry office, guidance matters. The law does not require a lawyer for the mere registration of a simple uncontested divorce. But the registry office will refuse it if the judgment contains any provision that makes it "qualified", if proof that it is final is missing, or if the apostille or translation is incomplete. Checking this beforehand avoids back-and-forth, repeated translation costs and delays to a new marriage or a sale.
Requirements
- judgment issued by a competent authority;
- proper service of process on the parties abroad, even if a party defaulted;
- final and enforceable judgment in the country of origin;
- Hague apostille or consular legalization of the documents;
- translation into Portuguese by a Brazilian sworn translator;
- no offense to Brazilian public policy or sovereignty;
- no final Brazilian decision on the same matter.
How long it takes
It depends mainly on the other party's position. If your former spouse agrees, the STJ proceeding tends to be faster. Without their agreement, especially when they live abroad, it may take more than a year. At the registry office, a simple uncontested divorce is usually registered within a few weeks, when the documents are in order.
Do I need to travel to Brazil?
No. The STJ proceeding is electronic and documents can be sent digitally. Documents signed abroad may require an apostille.
How a lawyer can help
Before the STJ, a lawyer is mandatory. But the work starts before filing, with choices that shape the timing and security of the case:
- choosing the path: reviewing the judgment and indicating whether it belongs at the registry office or the STJ, before you spend on translations and apostilles that may not be usable;
- checking the requirements: finality, regularity of the foreign proceeding, apostille and sworn translation, the points that most often lead to requests and denials;
- strategy based on your former spouse's position: with or without their agreement, each scenario calls for a different approach, and defining it early avoids months of delay;
- sensitive issues: real estate in Brazil, custody and support may require specific measures that must be assessed before filing;
- handling the STJ proceeding through to the final decision;
- after recognition: guidance on registration with the civil registry, resuming your former name and updating your marital status, or enforcing the decision, such as collecting a debt.
An office in Brasília, where the STJ sits. The proceeding is electronic, but being close to the court makes follow-up easier and allows in-person attendance whenever needed, for example to meet with the reporting justice's chambers.
FAQ
I divorced abroad. Can I remarry in Brazil?
Only after the divorce takes effect here, through registration at the registry office (simple uncontested divorce) or recognition by the STJ. Until then, under Brazilian law you are still married: a new marriage may be declared void and, depending on the circumstances, amount to bigamy.
My former spouse disagrees with everything. What now?
Recognition is still possible without their agreement. The proceeding usually takes longer, so it is worth starting early and with a clear strategy from the outset.
I have a foreign judgment ordering someone to pay me. Can I collect in Brazil?
Yes, but only after it is recognized by the STJ. Without recognition, the foreign decision cannot be enforced here, and in the meantime the debtor may sell or transfer assets held in Brazil.
Legal basis: Brazilian Constitution, Art. 105, I, "i"; Code of Civil Procedure, Arts. 515, VIII, and 960 to 965; Law No. 8,906/1994, Art. 1, I; Civil Code, Art. 1,521, VI; Criminal Code, Art. 235; Introductory Law to the Brazilian Legal Norms, Arts. 15 and 17; STJ Internal Rules, Arts. 216-A to 216-N; CNJ Provision No. 149/2023. Informational content; it does not replace an individual case review.
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