How to enforce foreign court judgments in the relationship between Brazil and the United States

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How to Enforce Foreign Court Decisions Between Brazil and the United States

In an increasingly globalized world, it’s common for Brazilian individuals and businesses to have legal relationships with other countries—whether through contracts, marriages, divorces, investments, or legal disputes.

If you’re a business owner, service provider, or investor and you’ve entered into a contract with a party in the United States, you may have asked yourself: “If I win a lawsuit in Brazil, can I enforce that decision in the U.S.?”

The answer is: yes, but not automatically. In the United States, a Brazilian court decision is not immediately recognized. A specific legal process must be followed within the U.S. system.

How does it work in the U.S.? In the U.S., there is no federal court responsible for validating foreign judgments. Each state has its own rules, but in general, the procedure is known as: Recognition and Enforcement of Foreign Judgments. You must file a lawsuit in the state where you want to enforce the Brazilian judgment, and provide the following:

• The Brazilian judgment translated into English (certified translation);

• The Hague Apostille affixed to the original document (which replaces consular legalization);

• Proof that the opposing party was properly served and had the right to defend themselves in the Brazilian case;

• A declaration that the judgment is final and unappealable in Brazil.

What do U.S. courts evaluate? The U.S. judge will assess whether:

• The Brazilian judgment was issued by a competent court;

• Due process was followed;

• The decision does not violate U.S. public policy;

• The ruling is clear, lawful, and enforceable under state law.

  
  

If these criteria are met, the judgment is recognized as valid and may be enforced as if it were a local decision.

Contractual Tip: Anticipate These Issues. To avoid legal headaches, structure your contracts with international parties carefully:

• Include forum selection and jurisdiction clauses (specifying which country and court will handle disputes);

• Allow for international enforcement of judgments;

• Draft clear terms regarding language, currency, and governing law.

  
  

What about the reverse? Enforcing U.S. decisions in Brazil. If the decision was issued in the U.S. and you want to enforce it in Brazil, it must go through a process called homologação at the Superior Court of Justice (STJ). Homologação de Sentença Estrangeira is the process by which the STJ recognizes that a decision issued by a foreign court—such as a divorce, debt collection, corporate matter, will, or child custody order—can produce legal effects in Brazil. Without homologação, the foreign decision has no legal validity in Brazil and cannot be enforced.

Here are some practical examples:

• A Brazilian is ordered to pay a debt in the U.S. - the decision must be recognized by the STJ to be enforced in Brazil.

• A divorce finalized in Florida must be homologated in Brazil for the person's status as "divorced" to be legally recognized.

• A U.S. court decision regarding child custody or estate administration must be recognized to take legal effect in Brazilian notary offices or courts.

  
  

According to the Brazilian Code of Civil Procedure (CPC) and the Internal Rules of the STJ, the following are required:

• A final decision (with no pending appeals in the country of origin);

• A certified translation into Portuguese;

• Legalization or apostille in accordance with the Hague Convention;

• Respect for Brazilian public order (the ruling must not violate fundamental principles, such as the right to defense);

• Proper service of process to the opposing party in the foreign lawsuit.

  
  

Therefore, in the context of international business and cross-border legal relationships, winning a lawsuit is just the beginning.

To ensure a decision has legal effect outside the country where it was issued, it is necessary to follow specific procedures for recognition and enforcement—either in Brazil (via the STJ) or in the United States (according to state law).

That’s why it’s essential to:

• Structure contracts with clear international clauses;

• Carefully choose jurisdiction, forum, and applicable law;

• Plan ahead with cross-border legal strategies;

• Rely on experienced counsel in Private International Law.