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STJ · SPD Advocacia

Have a judgment from abroad? It must be recognized to be valid in Brazil

Divorce, custody, support, adoption or a money award: a foreign decision only takes effect here after recognition by the Superior Court of Justice, except for a simple uncontested divorce.

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When does a foreign decision need to go to the STJ?

The Constitution gives the STJ jurisdiction to recognize foreign decisions (art. 105, I, i), and the Code of Civil Procedure states that they only take effect in Brazil after that, unless a law or treaty provides otherwise (art. 961).

The most common exception is the simple uncontested divorce, which deals only with the end of the marriage: it can be taken straight to the civil registry office for annotation. If there is child custody, support or division of assets, recognition is still required.

The request is made through an electronic petition signed by a lawyer, addressed to the President of the STJ, with payment of court fees. The procedure is in arts. 216-A to 216-X of the STJ Internal Rules. Once recognized, the decision is enforced in the Federal Courts (Code of Civil Procedure, art. 965).

What the law says

Key points

Jurisdiction

Only the STJ recognizes foreign decisions in Brazil.

Simple divorce

An uncontested divorce dealing only with the end of the marriage goes straight to the registry office.

Documents

Foreign decision with apostille or legalization, sworn translation and proof of service.

Enforcement

After recognition, enforcement proceeds in the Federal Courts.

Sources: Federal Constitution, art. 105, I, i; Code of Civil Procedure, arts. 960 to 965; STJ Internal Rules, arts. 216-A to 216-X; STJ, Foreign Judgment page.

What is your case?

Situations the firm handles

Family

Divorce with custody, support or division

Recognition by the STJ to be valid in Brazil.

CPC, art. 961
Simple divorce

Simple uncontested divorce

Direct annotation at the registry office, without going to the STJ.

CPC, art. 961, § 5
Children

Custody, visitation and adoption

Foreign decisions about children.

RISTJ, art. 216-A
Support

Support set abroad

Recognition and collection in Brazil.

See page
Companies

Foreign judgments and arbitration

Collection in Brazil of an award or arbitral decision.

CPC, art. 960
Urgency

Urgent request

The STJ can grant urgent measures during recognition.

CPC, art. 961, § 3
This page provides general information, does not replace an analysis of the case and does not guarantee results.

Step by step

How the firm works

  1. Analysis. We check whether the case needs the STJ or can go straight to the registry office.
  2. Documents. Apostille, sworn translation, proof of service and proof that the decision is effective in the country of origin.
  3. Request. Electronic petition to the STJ and follow-up until the decision.
  4. Afterwards. Judgment letter, annotation at the registry office or enforcement in the Federal Courts.
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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

How long does recognition take?

It depends on the case, the documents and whether the other party agrees. With the right documents from the start, the request moves forward without extra requirements.

Does the other party need to agree?

No. If they do not agree, they will be served and may contest. With agreement, the process tends to be simpler.

My divorce was uncontested. Do I need the STJ?

If it dealt only with the end of the marriage, no: it goes straight to the registry office. If it dealt with custody, support or assets, it needs the STJ.

Do I need a sworn translation?

Yes, for documents in a foreign language. Foreign public documents also usually need a Hague apostille or consular legalization.

Can I ask for urgency?

Yes. The law allows urgent requests and provisional enforcement acts during recognition (Code of Civil Procedure, art. 961, § 3).

How much does it cost?

After the analysis, the firm sends a written fee proposal, before any engagement. STJ fees and translations are paid separately.

Lawyer for recognition of foreign judgments at the STJ

SPD Advocacia handles the recognition of foreign judgments and decisions at the Superior Court of Justice, such as divorce, custody, support and money awards, and the direct annotation of simple uncontested divorces, with online service from any country.

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 →