Recognition of Foreign Judgments in Brazil

Does my foreign divorce need to go through the STJ?

It depends on what the divorce decree decides.

• Simple consensual divorce. If the decree only ends the marriage, no STJ recognition is needed (Code of Civil Procedure, article 961, paragraph 5). It is recorded at the civil registry office that holds the marriage record, with no prior court decision and without the need for a lawyer (CNJ National Code of Rules, article 464, paragraphs 1 and 2). The registry asks for a full copy of the decree, proof that it is final, a sworn translation and consular legalization or an apostille (article 465).
• Consensual divorce with custody, support or property. If the decree also deals with child custody, maintenance payments or the division of property, recognition by the STJ comes first (article 464, paragraph 3).
• Contested divorce. The exception covers consensual divorce only. A contested divorce follows the general rule of article 961 and goes through the STJ.

Which other foreign decisions need recognition?

Final court decisions, and non-judicial decisions that Brazilian law would treat as judicial, can be recognized (article 961, paragraph 1). Examples are adoption orders, money judgments and foreign arbitral awards (article 960, paragraph 3).

What does the STJ check?

Article 963 of the Code lists the requirements. The foreign decision must:

1. come from a competent authority;
2. follow proper service of process on the defendant, even if the defendant did not appear;
3. be effective in the country where it was issued;
4. not conflict with a final Brazilian judgment;
5. come with an official translation, unless a treaty waives it;
6. not be manifestly contrary to Brazilian public policy.

Recognition is refused when Brazilian courts have exclusive jurisdiction, as with real estate and the probate of assets located in Brazil (articles 23 and 964). A decision can be recognized in part (article 961, paragraph 2).

How is the request filed?

The request is filed electronically, signed by a lawyer admitted in Brazil and addressed to the President of the STJ. Court fees apply. If the other party consents in writing, service of process may be waived. Otherwise that party is served and may respond.

What happens after recognition?

A recognized decision is enforced before a federal trial court, with a certified copy of the STJ decision (article 965). For divorce, the civil registry records the STJ decision without waiting for that step (CNJ National Code of Rules, article 463).

How many requests does the STJ receive?

In 2025, 2,107 requests for recognition of foreign decisions were filed with the STJ (STJ Statistical Report 2025, cases filed from January to December 2025, page 16). The figure describes the caseload of the court and does not predict any individual outcome.