I divorced abroad. Do I need to go through the STJ?
It depends on the content of the judgment. A simple uncontested divorce, which only dissolves the marriage, is annotated directly at the Civil Registry, under art. 961, §5, of the Code of Civil Procedure. A contested divorce, or an uncontested one that deals with custody, support or division of assets, requires recognition by the STJ.
Do I need a lawyer to annotate the divorce directly at the registry office?
In that specific situation, direct annotation does not depend on recognition and does not require a lawyer. Professional guidance is usually useful to confirm that the case really qualifies for direct annotation and to organize the apostille and translation, but the law does not require it for this act.
How long does recognition of a foreign judgment take?
The time depends on how the request is prepared, any objection by the other party and the processing at the STJ. Incomplete documents, improper service in the original proceeding or lack of finality are the most common causes of delay and rejection.
Is an inheritance or gift from abroad taxed in Brazil?
Complementary Law 227/2026 filled the gap identified by the Supreme Federal Court in Theme 825 and defined which state is competent: that of the heir's domicile, in the inheritance of a deceased person domiciled abroad, and that of the recipient, in a gift from abroad. Collection on these terms depends on state law and the anteriority rule.
A relative died abroad and left property in Putinga. Where does probate take place?
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 in the country, even if the deceased was a foreigner or domiciled abroad. Heirs abroad take part through a power of attorney.
I live abroad. Do I need to travel to Brazil to resolve this?
In most cases, no. A power of attorney executed at a Brazilian consulate, or made abroad and apostilled, allows representation before registry offices, public bodies and proceedings. Acts requiring personal presence are few and are disclosed before engagement.