APPROVAL OF FOREIGN JUDGMENT

Understand how a Homologation of Foreign Sentence works in Brazil The purpose of this article is to clarify some doubts related to the process of Homologation of Foreign Sentence in Brazil. First of all, I would like to contextualize the readers on the importance of this theme and then explain how this type of Homologation works. The Brazilian community abroad is very large. One can find Brazilians scattered in the most different countries of the world and, most of the times, lacking any kind of assistance. When it comes to legal aid, the problem gets even worse. The cost of a lawyer abroad is very high and only solves half of the problem, since any decision made by a judge abroad has to be homologated in Brazil so that it is valid here in our country. I know how difficult it is to find a lawyer in Brazil, especially when you are far away. I speak from experience. I've been in this same situation. When I lived in the United States, I found it difficult to find a competent and, above all, trustworthy professional in Brazil. After all, I was far away and afraid to send my documents and money to someone I did not know. However, we often can not wait for our return to Brazil and we have to make the right decisions where we are. It was with this objective to help the Brazilian community living abroad that I decided to write this article. As stated in the above lines, any sentence pronounced by a judge abroad must be homologated in Brazil so that it has full validity in our country. But what is homologation? Approve what to say approve or even acknowledge. A foreign judgment must be approved or recognized by the Brazilian judiciary. The logic of this procedure is very simple: every country is independent and sovereign and therefore it can not be a judicial power of one country to dictate orders for another to fulfill, it is necessary that the competent court of the country that receives the judgment approve the decision. Example: Let's suppose that you have divorced in a foreign country. After the end of the process, your divorce is valid only in the country that preferred the decision, however you are still married in Brazil, this is because Brazilian law requires that the sentence in question be approved by the Brazilian Judiciary. In Brazil, the competent body to make the Homologation of Foreign Judgment is the Superior Court of Justice - STJ, whose head office is in Brasília. Therefore, it is not any court that has jurisdiction to ratify foreign judgments. The said process has to be proposed in Brasília at the Superior Court of Justice - STJ. How long does the Judgment Homologation process take? If all documentation is correct, the term, as a rule, is from 02 (two) to 03 (three) months, from the date of the protocol of the action. What documentation does the STJ require to homologate its foreign judgment? All you need is the entire content of the foreign sentence legalized by the Brazilian consulate and a power of attorney signed by both parties, giving powers to the Brazilian lawyers to join the action. It is worth mentioning that this power of attorney does not need to have notarized or authenticated signature. Your attorney in Brazil can send you the power of attorney via email, you print, sign and return it along with the legalized sentence via mail. If one of the spouses does not want to sign the power of attorney he can sign an agreement term, that is, he agrees with the process. If still, the party does not want to sign the consent term, it is possible to do the homologation anyway, by means of a Letter Rogatory if the former spouse is residing abroad. However, in this case the process takes longer to complete. And how much does all this cost? Other than that, the total cost of the process is not high. Basically the expenses are as follows: a) a fee of R $ 116.99, paid to the Superior Court of Justice; b) the value for sworn translation of foreign documents and c) attorney's fees. It is important to note that the most important of all is that you are looking for a credible and competent lawyer. After all, you are distant and therefore need to rely on a professional who is trustworthy and diligent. D'Almeida Cordeiro Advogados is at your entire disposal to assist you. Our office is based in Brasília / DF, near the Superior Court of Justice, which facilitates the execution of the proceedings. The experience in the subject, acquired over the years, will give you the security of being represented by one of the most prestigious offices of Federal Capital offices and, especially, by those who have experienced this same situation. With this information, I hope I have contributed to the solution of your problem. If you still have any questions, feel free to contact us. Google Tradutor para empresas:Google Toolkit de tradução para appsTradutor de sites

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