Recognition of foreign judgments before the STJ

What recognition of a foreign judgment means

Recognising a foreign judgment means obtaining, before the Superior Court of Justice (STJ), confirmation that a decision issued by an authority of another country may produce effects in Brazil.

The STJ does not retry the merits of the case. It checks whether the foreign decision meets formal requirements and does not clash with essential values of Brazilian law. Once recognition is granted, the decision takes effect here and can be recorded at the civil registry.

Jurisdiction has belonged to the STJ since Constitutional Amendment 45/2004 (Art. 105, I, “i”, of the Constitution). The procedure is set out in Articles 960 to 965 of the Code of Civil Procedure and Articles 216-A to 216-N of the STJ’s Internal Rules.

When recognition is mandatory

You need a recognition action before the STJ when the foreign decision:

• resulted from contested proceedings;
• decided on child custody or contact;
• set child or spousal support;
• ordered division of property;
• concerns adoption, paternity, guardianship, insolvency or similar matters;
• is a foreign arbitral award.

When recognition is NOT required

A purely consensual divorce — one that only dissolves the marriage, 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 can be taken straight to the Civil Registry Office to be recorded, under CNJ Provimento 149/2023.

See the page on divorces obtained abroad →

The legal requirements (Art. 963)

To be recognised, a foreign judgment must meet all of the following at once:

1. Competent authority — issued by a judge or authority with jurisdiction in the country of origin.
2. Proper service — the other party must have been duly served, even if there was a properly established default.
3. Effectiveness in the country of origin — as a rule, that the decision is final and no longer subject to appeal, proven by a certificate from the foreign court.
4. No conflict with a final Brazilian judgment on the same matter between the same parties.
5. Official translation — every document in a foreign language must be translated by a sworn public translator, unless a treaty provides otherwise.
6. No breach of public policy, national sovereignty or human dignity — the content of the decision must not clash with fundamental principles of Brazilian law.

It is also possible to recognise a non-judicial foreign decision that, under Brazilian law, would have the nature of a judgment (for example, a divorce granted by an administrative authority).

Documents required

• Full copy of the foreign judgment, official or certified;
• Certificate or proof that the decision is final (no further appeal);
• Hague apostille on each foreign document (for countries party to the Convention) or legalisation by the Brazilian consulate (for other countries);
• Sworn translation of every document in a foreign language;
• Power of attorney with specific powers for the recognition action — apostilled if signed abroad;
• Identity documents of the parties (and incorporation documents for companies);
• Proof of proper service on the respondent in the original proceedings, where the case was contested.

How the procedure works, step by step

1. Feasibility review — reading the judgment and the documents to confirm the requirements can be met.
2. Gathering documents — obtaining certificates, apostille in the country of origin and sworn translation in Brazil.
3. Filing at the STJ — electronic filing of the recognition request with all documents.
4. The other party’s response — in consensual requests, the other party agrees; in contested ones, they are served and may object, but only as to the authenticity of documents, the understanding of the decision and compliance with the requirements.
5. Opinion of the Federal Prosecution Service.
6. Decision — uncontested requests are decided by the President of the STJ; if there is an objection, the case goes to the Special Court (Corte Especial) for judgment.
7. Enforcement order — once recognition is granted, the party requests the enforcement order (carta de sentença) for recording at the civil registry.

Timeline

There is no guaranteed timeline, because part of the time depends on third parties — the foreign court, the consulate, the translator and the other party. As a reference:

• Consensual / uncontested requests: usually decided within a few months.
• Contested requests: may take from several months to more than a year, depending on complexity and the Special Court’s judgment.

Beyond fees — presented in a private conversation, with a written scope — the process carries third-party costs: STJ court fees, sworn translation (charged per page) and apostilling in the country of origin.

To understand the path for your case, tell me about your situation.

After recognition

With the enforcement order (carta de sentença), the divorce, marriage or death is recorded on the Brazilian certificate at the Civil Registry Office. Where the act took place abroad and is not yet registered in Brazil, it is transcribed first — as a rule at the 1st Civil Registry Office of the Federal District where there is no domicile in the country.