Recognition of Foreign Judgment: How to make your overseas court decision legally valid in Brazil

If you obtained a court decision abroad — such as a divorce decree, child custody order, alimony ruling, or inheritance judgment — it will not automatically produce legal effects in Brazil. To be valid and enforceable, it must go through a formal legal process called Recognition of Foreign Judgment, which is handled exclusively by the Superior Court of Justice (STJ).

This article explains how the recognition process works, when it is required, and how Brazilians living abroad can complete it efficiently and securely.

What Is Recognition of Foreign Judgment?

Recognition of a foreign judgment is the legal procedure that allows a court decision issued outside Brazil to be formally accepted by the Brazilian legal system. Once recognized, the judgment has the same legal force as a Brazilian court decision and can be registered, enforced, or used before Brazilian authorities.

This process is mandatory for decisions involving:

• Divorce and legal separation
• Child custody and visitation
• Child support and spousal support
• Inheritance and probate matters
• Adoption
• Commercial and civil judgments

Why Is Recognition Necessary?

Brazilian law does not allow foreign court decisions to take effect automatically. Without recognition:

• Your marital status cannot be updated in Brazilian records
• You cannot remarry in Brazil
• You cannot enforce child support or custody orders
• Your name cannot be updated on official documents
• Your inheritance rights may be blocked

Recognition ensures legal certainty and protects the rights of all parties involved.

Which Court Handles Recognition in Brazil?

All foreign judgments must be recognized by the Superior Court of Justice (STJ), Brazil’s highest court responsible for validating international judicial decisions.

The case is filed electronically by a Brazilian-qualified attorney and reviewed by the court to ensure compliance with Brazilian legal standards.

Requirements for Recognition of Foreign Judgment

Although requirements vary depending on the type of case, generally you will need:

• Full copy of the foreign court judgment
• Proof that the decision is final and unappealable
• Apostille under the Hague Convention or legalization (if applicable)
• Sworn translation into Portuguese
• Power of attorney appointing a Brazilian lawyer
• Certified copy of your Brazilian ID or passport

Each case must also comply with Brazilian public policy standards and due process requirements.

How Long Does the Process Take?

On average, recognition proceedings take between 4 to 9 months, depending on:

• Whether the other party contests the case
• Completeness of documentation
• Court workload at the STJ

Uncontested divorce judgments often proceed more quickly, while family disputes involving custody or financial obligations may take longer.

Do I Need to Travel to Brazil?

No. The entire recognition process can be completed remotely. Brazilians living abroad can:

• Sign documents electronically or at a consulate
• Grant power of attorney from abroad
• Submit documents digitally through their attorney

This makes the process accessible regardless of your country of residence.

What Happens After Recognition?

Once the judgment is recognized by the STJ:

• Divorces can be registered at Brazilian civil registry offices
• Child custody and support orders can be enforced in Brazil
• Inheritance rulings can be applied in Brazilian probate proceedings
• Your marital status and name can be updated on official documents

This step is essential for full legal effectiveness in Brazil.

Common Mistakes That Delay Recognition

• Submitting incomplete or uncertified court decisions
• Missing apostille or legalization requirements
• Using non-sworn translations
• Failing to prove that the judgment is final
• Errors in powers of attorney

Proper legal guidance significantly reduces delays and rejection risks.

Recognition of Foreign Divorce Judgments

Foreign divorce judgments are the most common recognition cases in Brazil. Without recognition:

• Your Brazilian marriage record remains active
• You cannot remarry legally in Brazil
• Your name and marital status cannot be updated

Even uncontested divorces finalized abroad must be recognized by the STJ before registration in Brazil.

Why Work With an International Family Law Attorney?

Recognition of foreign judgments involves both international law and Brazilian procedural law. A lawyer experienced in cross-border cases ensures:

• Correct document preparation
• Fast filing and court compliance
• Clear communication with foreign clients
• Risk reduction and procedural security

This is especially important for Brazilians living in the United States, Canada, Australia, Europe, or other jurisdictions.

Need Help Recognizing a Foreign Judgment in Brazil?

If you obtained a court decision abroad and need it to be legally valid in Brazil, our international family law team can assist you remotely from anywhere in the world.

We handle the entire recognition process before the Superior Court of Justice (STJ), from document review to final registration.

Contact us today to schedule a confidential consultation and ensure your foreign judgment is properly recognized in Brazil. Global Law Advisors is the leading law firm in Brazil for the recognition of foreign judgments and ensuring their legal validity in Brazil.

Publicado em: 04/02/2026