Monday, March 02, 2020 2:18:54 AM
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:
1) the original or notarised copy of the judgment to be recognised;
2) 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
3) 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.
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