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.
Does a foreign document need an apostille and a translation?
Yes, when issued in a country party to the Hague Convention: an apostille in the country of origin and a sworn translation into Portuguese. In a non-signatory country, consular legalization applies. The order of the steps matters, and mistakes in it usually lead to rework.
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.
A relative died abroad and left property in Santa Rosa. 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 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.