Enforcing US Judgments in Brazil

Say you sold your condo in Miami Beach to a Brazilian tourist, yet you were never paid. So you file a lawsuit in the US and win the case. But you still need to get your money, right? It’s time to enforce the judgment against the debtor, who happens to live in Brazil.

You might consider enforcing the US court’s order in Brazil. To do so, first, you’ll have to run through the process of Homologação de Sentença Estrangeira. Homologation, or domestication of a foreign judgment, is required before a foreign court order can be enforced.

The process involves filing a lawsuit with the Superior Tribunal de Justiça (STJ), the Brazilian court responsible for domesticating foreign judgments.

Among other documents, you’ll have to file certified translations of the US court order. You’ll also need to prove the debtor was properly served in the underlying US case. While the STJ won’t look at the merits of the case, it’ll consider whether there was due process.

When a case relates to matters of solely Brazilian jurisdiction, you won’t be able to domesticate and enforce a foreign judgment. For example, invert the hypothesis above - you weren’t paid for the sale of a condo in Rio. Here, since the property is located in Brazil, the original lawsuit must be filed locally.

All is not lost if you get a US judgment against a Brazilian. You can use both the US and Brazilian court systems to your advantage. Domesticate foreign judgments and enforce awards to recuperate what is rightfully yours.