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Private international law defines which law applies, which authority has jurisdiction and what must be done for a foreign act to have effect in Brazil. For those with roots in São Roberto - MA and a life abroad, this definition comes before any practical step, because it determines whether the route is the registry office, the STJ or a Brazilian court.
Registry and notary fees follow the state inspectorate's table and are updated periodically. Confirm the current amounts before any notarial or registry act.
The work is defined according to the documents, the risks and the client's goal.
Transcription of birth and death certificates issued abroad
Representation of an heir living outside the country
Consular and apostilled powers of attorney for acts in Brazil
Probate in Brazil of assets of a deceased person domiciled abroad
Recognition of a foreign judgment by the STJ
Consular registration and transcription of a marriage certificate
Sale and regularization of property in Brazil by those living abroad
Apostille and sworn translation of documents
Direct annotation of a foreign uncontested divorce at the registry office
Divorce in Brazil for those living abroad
Paternity acknowledgment and paternity suits with a party abroad
The field of international law covers legal situations connected to Brazil and another country. See the most requested international law services in São Roberto, Maranhão.
Assets located in Brazil are probated in Brazil. Art. 23, II, of the Code of Civil Procedure gives the Brazilian authority, to the exclusion of any other, jurisdiction over probate and division of assets located here, even if the deceased was a foreigner or domiciled abroad. Property in São Roberto owned by someone who died in another country is therefore not resolved by the foreign decision: it requires a Brazilian proceeding.
The rule in art. 961 of the Code of Civil Procedure is that a foreign decision only has effect in Brazil after recognition by the STJ. Paragraph 5 of the same article opens a relevant exception: a foreign judgment of uncontested divorce has effect regardless of recognition. In practice, this separates two routes with very different costs and timelines, and sorting between them is the first thing to do.
The property regime does not automatically follow the law of the country of the ceremony. Art. 7, §4, of the Law of Introduction to the Norms of Brazilian Law provides that the regime follows the law of the spouses' domicile and, if different, that of the first marital domicile. The consequence appears years later, in the division of assets or probate, when it is discussed what was common and what was separate property.
A document issued in a country that is party to the Hague Convention needs an apostille affixed in the country of origin to be accepted in Brazil, plus a sworn translation into Portuguese. A Brazilian document to be used abroad follows the reverse path, with an apostille from an authorized registry office in Brazil. Non-signatory countries follow consular legalization, which is slower.
Those who married in Brazil and live abroad can divorce here without coming back. If there is agreement, a public deed at a notary office is possible, with representation by an attorney-in-fact appointed by consular or apostilled instrument. With minor or incapacitated children, the deed requires custody, visitation and support to have already been defined in court. If there is a dispute or these issues are open, the route is judicial, with video hearings when applicable.
An acknowledgment made abroad must be transcribed to have effect in Brazil. If there is no voluntary acknowledgment, a paternity suit is possible, and it proceeds even with the other party living abroad, through service by the appropriate route, including international legal cooperation mechanisms.
Hiring an international law attorney is a decision of trust and involves foreign documents, deadlines and difficult decisions. Our credibility starts from the first contact. Here the whole history and the documents are centralized so that you know, at each step, what has been done and what comes next. See some good practices for hiring a lawyer in São Roberto.
Send a summary of the situation and the goal you want to achieve.
The team indicates which records are relevant for the initial assessment.
Once the situation is understood, the applicable legal routes are explained.
Based in the state of Rio de Janeiro, CK Advogadas serves clients in São Roberto by digital means, with the care needed to understand documents, risks and goals.
The work may involve preventive measures, negotiations, out-of-court procedures and lawsuits, depending on the particulars of the situation.
Below are the most frequent questions about international law. They are general guidance and do not replace a reading of your case. An international law attorney in São Roberto can carry out this individual analysis.
Probate, divorce, property or civil records can be handled through a consular or apostilled power of attorney, without travel. Tell us the situation and the team will indicate the route.
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