Brazil - Enforcement of Money Judgments
Jose Orlando A. Arrochela Lobo
Luis Fernando Guerrero
PDF from "Enforcement of Money Judgments"
Originally from Enforcement of Money Judgments
I. PRESENT ATTITUDE TOWARD ENFORCEMENT OF FOREIGN MONEY JUDGMENTS
A. Describe the receptiveness of your government (including courts) toward enforcement of foreign money judgments.
There is no specific identifiable attitude of Brazil’s government and the Courts' approach is pretty technical toward enforcement of foreign money judgments.
B. Briefly describe recent illustrative attempts, whether successful or unsuccessful, to enforce a foreign money judgment in your country, particularly with regard to enforcement of any judgments from United States courts.
An example of a successful attempt is the ratification of Foreign Judgment No. 760 originated in the United States of America. The dispute derives from a Sale and Purchase Agreement entered into by and between a New York company and a Brazilian company.
After the regular proceedings seated in New York City, the arbitrators awarded the New York company with the payment of a certain amount, recognizing the default of the Brazilian company under the referred Agreement.
The New York Company requested the ratification of the foreign money judgment before the Brazilian Superior Court of Justice.
After being judicially subpoenaed, the Brazilian company submitted its defense alleging that the foreign money judgment was null and void and that the alleged debt had already been paid.
Since all the formal aspects of the request for ratification of foreign money judgments established in the Internal Regulations of the Superior Court of Justice were fulfilled, the arbitral award was ratified in Brazil. It was also decided that the Superior Court of Justice wuld not analyze the merits of foreign money judgments, but only formal aspects.
This has been the position of the Superior Court of Justice about this subject, which is important to ensure the effectiveness of the ratification of foreign money judgments.