RECOGNITION OF FOREING JUDGMENTS AND ARBITRATION AWARDS IN BRAZIL
Published on April 18, 2026 | By: Dr. Norka M. Schell
Enforcement of international awards in Brazil was transformed by Constitutional Amendment 45/2004, which moved oversight to the STJ and established the current standards defined in Resolution STJ 9/2005.
1. Legal Framework & Jurisdiction
Historically, the Supreme Court (STF) handled all matters of international judicial cooperation. Since 2005, the STJ has taken over this role.
Federal Authority: While Brazil is a federal system, legislation regarding civil and criminal matters is national. States have very limited legislative power in these areas.
Resolution STJ 9 (2005): Currently governs the recognition procedure until the final approval of new internal rules or statutory provisions.
Law Project n. 166: A proposed (at the time of writing) New Code of Civil Procedure intended to turn Res. STJ 9 into statutory law to provide a more secure legal framework.
2. The Recognition Process (Giudizio di Delibazione)
Brazil follows the Italian-inspired giudizio di delibazione model. The STJ does not evaluate the merits of the foreign case; instead, it ensures the decision meets specific formal and legal requirements.
Standard Requirements for Recognition:
Jurisdiction: The foreign court must have had jurisdiction according to both its local law and Brazilian law.
Service of Process: The parties must have been properly served. If the defendant is domiciled in Brazil, notice must be served via rogatory letter.
Finality: The decision must be final (res judicata) and enforceable in its country of origin.
Formalities: The document must be certified by a Brazilian Consulate/Embassy and translated by a Brazilian sworn legal translator.
Public Policy: The decision cannot violate Brazilian national sovereignty, public policy, or "good customs."
3. Notable Rules and Interpretations
The text highlights several specific nuances in how the STJ applies these rules:
Exclusive vs. Concurrent Jurisdiction: * Exclusive: Matters involving real estate located in Brazil or Brazilian inheritance must be decided by Brazilian courts. Foreign judgments on these matters are generally not recognized.
Concurrent: If the case falls under concurrent jurisdiction (e.g., defendant domiciled in Brazil or obligation performed in Brazil), a foreign decision can be recognized even if a similar suit is pending in Brazil.
Partial Recognition: The STJ can recognize parts of a judgment while rejecting others (e.g., granting a divorce but rejecting the partition of Brazilian real estate).
Injunctive Relief: One of the major innovations of Res. STJ 9 is allowing parties to seek provisional measures (urgent relief) during the recognition process, though the STJ remains very cautious in granting them.
Administrative Decisions: Certain foreign non-judicial decisions (like Japanese administrative divorces) can be recognized if they serve the same function as a judicial decision in Brazil.
4. Arbitration Awards
The recognition of foreign arbitral awards follows similar logic. While most are granted recognition, the STJ has occasionally denied them on public policy grounds—specifically regarding the absence of proof that a party explicitly agreed to an arbitration clause.
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