From the Department of Justice Brazil:
The following laws and regulations govern the recognition and enforcement of foreign judgments in Brazil:
Articles 105(I)(i) and 109(x) of the constitution;
Articles 513 to 538 and 960 to 965 of the Civil Procedure Code (Law 13.105/2015); and
Articles 216-A to 216-N of the Rules of Procedure of the Superior Court of Justice.
Brazil is party to various instruments, international conventions and bilateral treaties which cover the reciprocal recognition and enforcement of foreign judgments – for example:
the Convention on Obtaining Evidence Abroad in Civil or Commercial Matters, signed in The Hague in March 1970 and enacted in Brazil by Decree 9.039/
the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (the New York Convention), enacted in Brazil by Decree 4.311/2002;
the Inter-American Convention on the Extraterritorial Validity of
Foreign Judgments and Arbitration Awards, enacted in Brazil by Decree 2411/1997;
The latest changes to the framework are the new Civil Procedure Code (Law 13.105/2015) and the amendment to the Arbitration Act (Law 13.129/2015).
(See my stickie above)
The meaning and implementation of recognition and enforcement differ. The ‘recognition’ of foreign judgments implies the effectiveness of judgments (ie, a final and non-appealable decision rendered by a foreign court). The ‘enforcement’ of foreign judgments implies the concrete realisation of the decision and not just the acknowledgment of rights granted. It allows the applicant to undertake enforcement measures.
The interested party must submit a formal request filed by a Brazilian attorney for recognition of a foreign judgment to the Superior Court of Justice. The request must be accompanied by the following documents that demonstrate the ratification requirements:
the original or notarised copy of the judgment to be recognised;
other documents deemed necessary for the recognition of the foreign judgment (the applicant must provide evidence that the final decision was made by a competent authority and that the parties were regularly summoned); and
a certified translation into Portuguese, which in some cases (more often in family matters) must be authenticated by the competent Brazilian consular authority.
Brazilian law does not permit the review of the merits of a foreign judgment. The Superior Court of Justice can only approve, partially approve or disapprove the judgment; it cannot change the decision regarding the merits of a foreign judgment.
The Superior Court of Justice reviews the service of process only when it was invalid or absent.
SERVICE is the process by which judicial notifications are made during the course of litigation. Ie. Summons, subpoena, notices and other official court notifications.
Brazilian law does not permit the review of the merits of a foreign judgment. The Superior Court of Justice can only approve, partially approve or disapprove the judgment; it cannot change the decision regarding the merits of a foreign judgment.
This information was provided by the Department of Justice Brazil
I have provided the information and omitted information that was not relevant to our litigation.
As can be seen. “Service” is not a consideration.
The Superior court is only reviewing the judgement to be sure it does not go against Brazilian laws.
The Bolzan’s cannot challenge any of the merits of the case. It is final and un-appealable.
Have a wonderful weekend.
