Friday, July 10, 2020 9:45:21 AM
2.7 On what grounds can recognition/enforcement of a judgment be challenged?
When can such a challenge be made?
Formal and substantive oppositions may be presented with the purpose of challenging requests for recognition of foreign decisions in Brazil. These oppositions may be presented before the Superior Court of Justice during the recognition proceedings.
The main grounds for opposing recognition consist in alleging that:
(a) the process was not duly served on the defendant;
(b) the decision in matter was issued by an incompetent state court or arbitral tribunal;
(c) the decision in matter fails to fulfil the requirements for it to be considered valid, lawful and enforceable in its jurisdiction of origin;
(d) the interested party failed to observe the procedural requirements and/or provide the necessary documents for the recognition proceeding;
(e) the decision did not become res judicata and/or is not, for any given reason, enforceable in its jurisdiction of origin; and/or
(f) the decision in matter violates Brazil’s public policy, its national sovereignty or the dignity of the human person.
Source: Page 6 of the ICLG Enforcement of Foreign Judgements
http://www.pinheironeto.com.br/Documents/Artigos/TheICLG_EnforcementofForeignJudgments_2018.pdf
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