Global Digital Solutions Inc (GDSI)

[Coreton]

Brazilian Codes put in force May 2016.


“Recognition” and enforcement of foreign court orders and judgements

Foreign judgment directly enforceable. Brazilian law provides that certain types of contracts and negotiable instruments take a speedier route in civil proceedings, going straight to the enforcement stage. These are called enforceable certificates, and are divided into judicial (court and arbitration proceedings) and non-judicial (negotiable instruments and contracts that contain the signature of two witnesses). The new Code expressly states that foreign interlocutory judgements are deemed to be judicial enforceable certificates which should allow for a quicker enforcement.

Urgent relief. The new Code enshrines as law the right to enforce foreign judgements providing for urgent relief where the foreign court expressly decides on its urgency and the request for urgent enforcement of the order is made via letter rogatory. The new Code also provides that urgent relief may be enforced via ex parte proceedings.

Hope this helps those wondering how the Brazilian courts handle international disputes of claim. There is no special court action required, the code sets out what rulings/orders are “recognized” by the superior Court of Justice, Brazil


Brazil is part of the New York Convention, so enforcement of foreign awards is assured under existing law.