‎International Custody & Child Support: Complete Guide to Enforcing a Foreign Judgment in Brazil

Part 1: The Legal Guide

Enforcing Foreign Judgments for Custody and Child Support in Brazil: A Complete Guide

For a foreign court order regarding child custody and child support to be valid and enforceable in Brazil, it is essential to submit it to a recognition process before the Superior Court of Justice (STJ), known as Homologação de Decisão Estrangeira (HDE) or Recognition of Foreign Judgment. Without this step, the judgment issued in another country has no legal effect within Brazilian territory.

This judicial procedure does not re-evaluate the merits of the case; in other words, the STJ will not re-judge who should have custody or the amount of child support. The analysis is limited to verifying compliance with formal requirements and the compatibility of the decision with Brazilian public order.

Step 1: Recognition of the Judgment by the Superior Court of Justice (STJ)

This is the mandatory first step. The interested party, through a lawyer licensed to practice in Brazil, must file the Action for Recognition of Foreign Judgment directly with the STJ in Brasília.

Essential Requirements for Recognition:

For the STJ to recognize the foreign judgment, it must meet the following requirements, according to the Brazilian Code of Civil Procedure and the STJ's Internal Rules:

1. Issued by a Competent Authority: The judge or court that issued the decision abroad must have had the legal jurisdiction to rule on the case.

2. Proper Service of the Parties: The party against whom the decision was rendered (the defendant) must have been duly notified of the proceedings abroad, ensuring the right to a full defense.

3. Final and Unappealable: The decision must be final, with no further appeals available in its country of origin (res judicata).

   • Exception for Support: In cases of child support, decisions granting provisional support (interim or temporary orders) may be recognized to ensure the child's sustenance, even if they are not yet final.

4. No Offense to National Sovereignty, Public Order, and Good Morals: The decision cannot contain determinations that violate fundamental principles of Brazilian law. For example, a decision that contradicts the principle of the "best interest of the child" may be denied recognition.

5. Absence of Conflict with Brazilian Cases: The action cannot be identical to another case that is already pending or has been definitively judged by the Brazilian judiciary.

Required Documentation:

The initial petition for recognition must be accompanied by the following documents:

• The original or a certified copy of the full foreign judgment.

• A document proving the judgment is final and unappealable.

• Proof of proper service of the opposing party.

• A sworn translation into Portuguese of all foreign-language documents, done by a certified translator in Brazil.

• Apostille or Consular Legalization: All documents issued abroad must either be apostilled (if the country of origin is a signatory to the Hague Apostille Convention) or legalized by the Brazilian consulate in that country.

• Power of attorney granted to the Brazilian lawyer.

Step 2: Enforcement of the Recognized Judgment

Once the STJ recognizes the foreign judgment, it becomes an enforceable judicial title in Brazil. From this moment on, the interested party can finally demand its enforcement.

The enforcement process takes place in the first-instance courts of the Brazilian Judiciary.

Enforcement of International Child Support:

With the "Carta de Sentença" (a Writ of Judgment issued by the STJ after recognition) in hand, the creditor must initiate a Child Support Enforcement Action before the Federal Court where the debtor resides in Brazil.

At this stage, the same coercive measures applicable to domestic child support debts can be used, including:

• Civil imprisonment of the debtor (for up to 3 months).

• Seizure of assets (money in bank accounts, vehicles, real estate, etc.).

• Wage garnishment.

• Official protest of the debtor's name, affecting their credit.

Enforcement of a Custody Decision:

A recognized foreign custody judgment serves to formalize custody rights in Brazil. With the STJ's decision, the custodial parent can, for example:

• Enroll the child in schools.

• Make decisions regarding the child's health and well-being.

• Obtain authorization for domestic and international travel, according to Brazilian law.

If the other parent fails to comply with the custody terms, the interested party may file a Motion to Enforce Judgment in the competent court to assert their rights.

The Role of International Treaties: The Hague Convention

Brazil is a signatory to important international agreements that facilitate legal cooperation, especially regarding child support. The Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance creates a system of cooperation between the "Central Authorities" of signatory countries to streamline the process.

For child support requests originating from countries that are also party to this convention, the procedure can be faster and simpler. The Central Authority in Brazil, which is the Department of Asset Recovery and International Legal Cooperation (DRCI) of the Ministry of Justice and Public Security, assists in processing these requests, which can, in some cases, bypass the traditional recognition action by following its own specific procedures.

In summary, enforcing a foreign custody and child support judgment in Brazil is a two-phase process: first, the formal recognition of the decision by the STJ, and second, its practical enforcement in the lower courts, ensuring that rights established abroad are effectively respected on national territory.