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What recognition of a foreign judgment is, and when you need it
A decision made outside Brazil does not apply here automatically. Learn what recognition is, who decides it and when it is mandatory.
People who divorce, adopt a child or settle a property dispute abroad often assume that, back in Brazil, they simply present the document and everything is sorted. It does not work that way.
A foreign decision has no automatic effect in Brazil
Brazil is a sovereign state, and a decision by a foreign judge only takes effect here after passing a control check by the Brazilian judiciary. That check is the recognition of a foreign judgment.
Until recognition happens:
- your civil status in Brazil does not change (someone divorced abroad is still married here);
- a support or property-division judgment cannot be enforced;
- a custody decision cannot be relied on against third parties such as schools and border authorities.
Who decides
Since Constitutional Amendment 45/2004, jurisdiction lies with the Superior Court of Justice (STJ). The procedure is in Articles 960 to 965 of the Code of Civil Procedure and Articles 216-A to 216-N of the STJ’s Internal Rules.
One key point: the STJ does not re-examine the merits. It will not decide again who was right. It checks whether the foreign decision meets formal requirements and does not breach Brazilian public policy. This is a limited review.
When recognition is mandatory
You need a recognition action when the foreign decision:
- resulted from contested proceedings;
- decided on custody, contact or support for children;
- ordered division of property;
- concerns adoption, paternity, guardianship, insolvency or similar matters;
- is a foreign arbitral award.
When you do NOT need it
A purely consensual divorce — dissolution of the marriage only, with no dispute and no decision on children, support or property — does not require recognition (Art. 961, §5, of the Code of Civil Procedure). It goes straight to the Civil Registry Office to be recorded, under CNJ Provimento 149/2023.
The first step
Before gathering any documents, what determines the whole route is reading the foreign decision: whether it was consensual or contested, exactly what it decided, and whether it is already final. That is what tells you whether the case belongs at the registry or the STJ — and how much time and money it will take.
If you have your judgment to hand, send it to me for a first review.
