Recognition before the STJ
Foreign judgment recognition in Brazil
Elisângela B. Taborda, Attorney
Do you have a foreign court decision and need it to take effect in Brazil? Our firm reviews your judgment, guides you through the required documents and, when necessary, files and handles the recognition request before Brazil's Superior Court of Justice (STJ). Remote service for clients in Brazil or abroad.
- Remote service
- Guidance on documentation
- Representation and follow-up before the STJ
Tell us the country of the decision, the type of judgment and what you need to resolve in Brazil.
Practice areas
How we can help
Divorce granted abroad
We assess the right path to update your marital status in Brazil and, where applicable, your name.
Custody, visitation and child support
Assessment of the recognition and effects of the foreign decision in Brazil.
Debt collection
Review of the judgment and of the steps needed to seek its enforcement in Brazil.
Other civil or commercial decisions
Assessment of whether recognition is possible, depending on the nature of the decision.
Not every foreign divorce has to go through the STJ. Certain simple, consensual divorces can be recorded directly at the Brazilian civil registry office. In the initial review, we tell you which path applies to your case.
How it works
How the recognition of your judgment works
Step 1
Review of your foreign judgment
You send us the decision and tell us the country of origin and what you need to resolve in Brazil. We identify the appropriate procedure and explain the documents required, our fees, the expenses and the factors that may affect the timeline.
Step 2
Document preparation
We check the documents you provide and tell you what is missing, including apostille or legalization and sworn translation, when required. This way, you know what to obtain before the request is filed.
Step 3
Filing and follow-up before the STJ
We prepare and file the recognition request with the Superior Court of Justice. We monitor the proceedings, respond to the court's requests and keep you informed of progress.
Step 4
Using the decision in Brazil
Once the judgment is recognized, we guide you on the next steps to use it in Brazil. Depending on the case, this may involve recording it at a registry office, updating other records or bringing proceedings to enforce the decision.
The scope of the service and the expenses are set out in the proposal and the engagement agreement before any work begins. Sworn translation, apostille, court costs, registry fees and any enforcement of the decision are separate steps with their own costs: the proposal states what is included in your case.
Remote service
You can get started while living abroad
The first contact, sending the decision and the document review are all handled remotely. You do not need to be in Brazil to begin.
Remote contact and review
You reach the firm via WhatsApp or email and send a copy of the decision. The review is based on that material.
Representation by a lawyer in Brazil
Before the STJ, you are represented by a lawyer licensed in Brazil under a power of attorney. How to sign it and the formalities that apply to your case are explained during the review.
Documents from the country of origin
Some documents, such as the apostille or the certificate showing that the decision is effective, are issued by the authorities of the country where the judgment was rendered. We tell you what to request and from whom.
OAB Certified
Active member of the Brazilian Bar
About me
Elisângela B. Taborda, Attorney
Founder of Elisângela B. Taborda Sociedade de Advocacia, a law firm in São Paulo, where she leads a team of lawyers working across different practice areas, including International Law.
In recognition cases, she and her team review the foreign decision and determine whether it should go to the STJ or directly to the registry office, explain which documents to obtain in Brazil and in the country of origin, and prepare and file the request with the STJ.
Throughout the proceedings, they monitor the case, respond to the court's requests and keep you informed. After recognition, they guide you on the steps needed to use the decision in Brazil.
Requirements and documents
What the STJ reviews and which documents are usually required
As a rule, a foreign decision only takes effect in Brazil after it is recognized by the Superior Court of Justice. The law and international treaties provide for exceptions, such as consensual divorce, which in certain cases can be recorded directly at the registry office.
The STJ does not retry the case. It checks whether the decision meets the requirements to be recognized in Brazil.
What the STJ checks
- whether the decision was rendered by a competent authority;
- whether the other party was properly served, even if they did not take part in the proceedings;
- whether the decision is effective in the country of origin, usually shown by a certificate of finality or an equivalent document;
- whether it conflicts with a final Brazilian court decision or with public policy;
- whether it is accompanied by an official translation, unless a treaty provides otherwise.
Documents usually required
- a full copy of the foreign decision;
- proof that the decision is effective in the country of origin;
- an apostille issued in the country of origin, when that country is a party to the Apostille Convention, or consular legalization otherwise. Some treaties, and transmission through a central authority or diplomatic channels, waive this formality;
- a sworn translation made in Brazil, when the document is not in Portuguese;
- a power of attorney for the lawyer and personal identification documents;
- in divorce cases, the Brazilian marriage certificate. If the marriage took place abroad and has not yet been registered in Brazil, it must be registered before the divorce is recorded.
To start the review, a copy of the decision is enough. We provide the final list once we have assessed your case.
What recognition does and what comes next
Recognition makes the foreign decision valid in Brazil. On its own, it does not record the divorce at the registry office, transfer assets or collect amounts owed. Those steps come afterwards, at the competent registry office or before the Federal Courts, depending on the case.
Frequentlyasked questions
As a rule, no. The request before the STJ is filed by a lawyer in Brazil under a power of attorney, and you can follow the case remotely. Some documents, such as the apostille, must be obtained in the country where the decision was rendered.
Yes. For the initial review, a copy of the decision in the original language is enough. After the review, we tell you which documents need a sworn translation, which avoids unnecessary translations. Documents in Portuguese do not need translation.
A copy of the foreign decision and, if you have it, the document showing that it is final or effective in the country of origin. Also tell us the country, the subject of the decision and what you need to resolve in Brazil. Any other documents are requested after the review.
It depends on the decision. Certain simple, consensual divorces can be recorded directly at the civil registry office, without STJ recognition and without the need for a lawyer. When the decision also covers children, custody, child support, property or other matters, it is necessary to check whether direct recording is allowed or whether the request must be filed with the STJ. The initial review shows the right path.
The amount depends on the review of your case. The proposal separates the firm's fees from expenses such as sworn translation, apostille or legalization, court costs and registry fees, when applicable. You receive this information before hiring us.
There is no fixed timeline. It mainly depends on whether the documentation is complete, whether the other party must be served, especially if they live abroad, and on any objection filed. When the other party agrees with the request, the process is usually simpler.
No. Their agreement is not required, but it makes the process simpler: if the other party signs the request or states that they agree, service may be waived. Without agreement, they are served and may file an objection, limited to the requirements for recognition.
In many cases, yes. Once the judgment is recognized, a carta de sentença (an official copy of the recognition decision) is issued. Depending on the case, it is used to record the divorce or a name change at the registry office, update other records or seek enforcement of the decision before the Federal Courts, for example to collect amounts owed or child support.
Not automatically. What is included, whether only the STJ request or also recording at the registry office or enforcement of the decision, is defined in the proposal and the engagement agreement. If you need these steps, mention it at the first contact so the proposal takes them into account.
Tell our team about your case
Let us know the country where the decision was rendered, the subject of the judgment and what you need to resolve in Brazil. If you have a copy of the decision, send it through our contact channel to support the review.
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