Cases in Brazil · SPD Advocacia
Living abroad and have a lawsuit, debt collection or fine in Brazil? We handle the defense in court and before public agencies, without you traveling
The firm files defenses and appeals in bank enforcement actions, payment-order actions, protests, credit blacklisting and consumer cases, collects from those who owe you and acts in proceedings before the Federal Revenue, the INSS and the Detran. All through a power of attorney signed wherever you are.
How does a court case in Brazil work for someone living abroad?
Someone living abroad at a known address is usually served by letter rogatory, a request from the Brazilian judge to the courts of the other country (Code of Civil Procedure, art. 237, II). The request goes through the Ministry of Justice, Brazil's central authority for international legal cooperation, and requires translation of the documents. Anyone who already knows about the case can appoint a lawyer in Brazil, with a power of attorney that can be signed digitally (Code of Civil Procedure, art. 105, § 1).
The Code of Civil Procedure allows acts by video call, including the personal testimony of a party who lives far from the court (arts. 236, § 3, and 385, § 3), and the CNJ allows remote hearings at a party's request, subject to the judge's decision. If you are filing a lawsuit and live abroad, the law may require a bond to secure the other party's costs and attorney fees when you have no property in Brazil to secure that payment (Code of Civil Procedure, art. 83). It is not required in the enforcement of an out-of-court instrument, the enforcement of a judgment, a counterclaim, or when a treaty to which Brazil is a party waives it.
The firm also acts in administrative proceedings. At the Federal Revenue, it files the defense against an infraction notice and, in tax return reviews, submits documents, amends or challenges the assessment notice through the Revenue's own services. At the INSS, it files a defense and appeal when a benefit is suspended or the agency claims amounts back. In traffic matters, it files defenses and appeals against fines and against suspension of the driver's license, and appeals are decided by the Administrative Boards for Traffic Infraction Appeals, the JARI (Brazilian Traffic Code, arts. 16 and 17). Proceedings before professional councils have their own page.
What the law says
Key points
Service on someone living at a known address abroad is generally made by letter rogatory sent to the other country.
The power of attorney for the lawyer to act in the case can be signed digitally, without traveling.
A plaintiff living abroad with no property in Brazil to secure payment may have to post a bond, except in the exceptions provided by law.
Appeals against traffic penalties are decided by the JARI boards at each traffic agency.
Sources: Code of Civil Procedure, arts. 83, 105, § 1, 236, § 3, 237, II, and 385, § 3; CNJ Resolution 354/2020; Brazilian Traffic Code (Law 9.503/1997), arts. 16 and 17; Federal Revenue (tax return review); Ministry of Justice and Public Security (international legal cooperation).
What is your case?
Situations the firm handles
Defense in enforcement and payment-order actions
Defense, objections and appeals against court collection of a loan, credit card or bank contract.
See pageProtest, credit blacklisting and consumer issues
Action against unfounded protest or blacklisting and against a bank, airline or store.
See pageCollecting from those who owe you
Collection, payment-order or enforcement action in Brazil, with a review of the bond before filing.
CPC, art. 83Defense at the Federal Revenue
Defense and appeals against an infraction notice and challenge to a tax return review notice.
Case analysisDefense at the INSS
Defense and appeal when the INSS suspends a benefit or claims amounts back.
Case analysisFines and driver's license suspension
Defense and appeals against traffic fines and against suspension of the right to drive.
CTB, arts. 16 and 17Step by step
How the firm works
- Request. You tell us about the case and send the documents through the form on this page.
- Proposal. We send in writing what will be done and the fees, before any engagement.
- Contract. You sign the contract and the power of attorney electronically, wherever you are.
- Delivery. We file the defense, lawsuit or appeal in the court or administrative proceeding and follow it until the decision, with updates on WhatsApp.
Case analysis
Let's analyze your case
Answer the questions one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary on WhatsApp. Everything is protected by attorney-client confidentiality.
Common questions
Frequently asked questions
Do I need to return to Brazil to handle the case?
As a rule, no. The lawyer acts through a power of attorney, and many acts can be done by video call, as the judge decides.
What exactly do you deliver?
Defense and appeals in bank enforcement and payment-order actions, actions against protest, blacklisting and consumer problems, collection from those who owe you, and defense and appeals in proceedings before the Federal Revenue, the INSS and the Detran.
I live abroad. Can I be sued for a debt in Brazil?
Yes. Banks and creditors can sue in the Brazilian courts and request a protest or credit blacklisting. The defense is handled here, by a lawyer with a power of attorney.
I received an infraction notice from the Revenue or a traffic fine. Can I appeal from abroad?
Yes. The firm files the defense or appeal through a power of attorney, within the deadline stated in the notice.
Can someone living abroad file a lawsuit in Brazil?
Yes. In some actions, the law requires a bond to secure costs and attorney fees when the plaintiff lives abroad and has no property in Brazil to secure that payment, except in the exceptions of the Code of Civil Procedure.
How much does it cost?
After the analysis, the firm sends a written fee proposal, before any engagement. Court costs, sworn translations and letter rogatory expenses, when applicable, are paid separately.
Lawyer for court cases in Brazil for those living abroad
SPD Advocacia represents Brazilians and foreigners living abroad in court and administrative proceedings in Brazil: defense in bank enforcement and payment-order actions, protests, blacklisting and consumer cases, debt collection and defense before the Federal Revenue, the INSS and the Detran, with a digital power of attorney and video hearings when allowed.
Countries with an agreement
How payment works
Responsible lawyers
- Sidnei Pedro Dias OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693 · leads the firm’s cases
- Adrielle Oliveira OAB/GO 76.298 · civil, family, business and international matters
- Eduardo Prado OAB/GO 59.836 · criminal and electoral law
Online service throughout Brazil and for Brazilians abroad. Own office in Anápolis, Goiás, Brazil: Av. Juscelino Kubitschek, 500, Genesis Office, rooms 1506 and 1507. About the firm →