Recognition of Foreign Judgments
Understand how a Brazilian judgment, such as a divorce decree, takes effect in Portugal through recognition (review) by the Court of Appeal (Tribunal da Relação). Talk to our team.
For decisions handed down by foreign courts to be effective in Portugal, they must be reviewed and confirmed by a Portuguese second-instance court, the Court of Appeal (Tribunal da Relação), unless a treaty, convention, European Union regulation or special law establishes a different procedure (Articles 978 and 979 of the Portuguese Code of Civil Procedure (Código de Processo Civil)). Review is not necessary when the decision is relied on in proceedings pending in Portugal merely as evidence (Art. 978(2)).
Judgments submitted for review may not, under any circumstances, contain any element of law that would produce a result manifestly incompatible with the principles of the international public policy of the Portuguese State, as provided in Article 980 of the Code of Civil Procedure, among other requirements.
The requirement to review and confirm a foreign judgment is not limited to judgments that grant a divorce or recognize a stable union (união estável); it also applies to judgments handed down by foreign courts that need to produce effects in Portugal, including civil judgments ordering payment or performance.
The Portuguese courts have held that it does not matter whether the stable union or the divorce was declared in Brazil judicially or extrajudicially (for example, by a public deed executed at a notary's office (Tabelionato de Notas)); in both cases, the special action is mandatory and the act may be reviewed, since a public deed executed by a notary has the same force as the judgments that decree it, as it is issued by the Brazilian authority legally competent for the act. (Case law – Lisbon Court of Appeal (TRL) judgment of October 24, 2019, Case 2403/19.8YRLSB; Case 623/12.5YRLSB.S1, Supreme Court of Justice (STJ), June 25, 2013; Case 687/12.1YRLSB.S1, STJ, May 22, 2013).
In the case of a judgment concerning facts subject to civil registration, such as a divorce, the confirmation decision, once final and unappealable, is communicated to the Civil Registry Office (Conservatória do Registo Civil) so that the appropriate annotation (averbamento) can be made on the interested party's record.
Requirements for confirmation of a foreign judgment in Portugal
Under Article 980 of the Portuguese Code of Civil Procedure, the requirements for confirmation are:
a) That there is no doubt about the authenticity of the document containing the judgment or about the meaning of the decision;
b) That it has become final and unappealable under the law of the country in which it was handed down;
c) That it comes from a foreign court whose jurisdiction was not invoked in fraud of the law and that it does not concern a matter within the exclusive jurisdiction of the Portuguese courts;
d) That the plea of lis pendens or res judicata cannot be raised on the basis of a case pending before a Portuguese court, unless it was the foreign court that was first seised;
e) That the defendant was duly served with process in the action, in accordance with the law of the country of the court of origin, and that the principles of adversarial proceedings and equality of the parties were observed in the proceedings;
f) That it does not contain a decision whose recognition would lead to a result manifestly incompatible with the principles of the international public policy of the Portuguese State.
Documents
Documents required for the court action for review of a foreign judgment of divorce, stable union and regulation of parental responsibilities:
- Certified copy of the judgment to be reviewed (carta de sentença), with the Hague Apostille;
- Full-text birth certificates (inteiro teor) of the parties, with the Hague Apostille;
- Documents that may further support proof of the stable union, if applicable;
- Certified copy of the valid personal identity documents, with photos, of the persons involved, with the Hague Apostille;
- Current proof of address of the parties; and
- Signed power of attorney for legal representation.
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Selling, inheriting, and managing assets in Brazil while living in Portugal.
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Marriage and property regime
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Setting, collecting, and modifying support between Brazil and Portugal.
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Portuguese judgments given effect in Brazil.
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Learn more →Common questions
Didn't find your question? Talk to our team on WhatsApp.
Does a Brazilian judgment automatically take effect in Portugal?
No. To be effective in Portugal, a decision of a foreign court must be reviewed and confirmed by the Court of Appeal (Tribunal da Relação), unless a treaty, convention, European Union regulation or special law provides for a different procedure (Arts. 978 and 979 of the Code of Civil Procedure). Review is not necessary when the decision is relied on in pending proceedings merely as evidence.
Which types of judgment need review?
The requirement is not limited to judgments of divorce or recognition of a stable union. It covers judgments of foreign courts that need to produce effects in Portugal, including civil judgments ordering payment or performance. When the judgment concerns facts subject to civil registration, such as a divorce, the final and unappealable confirmation decision is communicated to the Civil Registry Office for annotation.
Does a divorce or stable union made before a notary in Brazil also need to be reviewed?
Yes. The Portuguese courts have held that it does not matter whether the divorce or stable union was declared judicially or by public deed at a notary's office (Tabelionato de Notas): in both cases, the special action is mandatory. The deed has the same force as a judgment, since it is executed by the Brazilian authority legally competent for the act (for example, Lisbon Court of Appeal (TRL) judgment of October 24, 2019, Case 2403/19.8YRLSB).
What requirements must a foreign judgment meet to be confirmed?
The foreign judgment must be authentic, clear, final and unappealable, handed down by a competent court, with the adversarial principle respected, and compatible with Portuguese public policy.
Under Article 980 of the Code of Civil Procedure, among others:
- authenticity of the document and clarity of the decision;
- final and unappealable status in the country of origin;
- jurisdiction of the foreign court not obtained in fraud of the law;
- due service of process on the defendant and respect for the adversarial principle;
- a result compatible with Portuguese international public policy.
What documents are required for the action for review of a foreign judgment?
Review of a foreign judgment requires, among other things, an apostilled certified copy of the judgment (carta de sentença), the parties' birth certificates, personal identity documents, proof of address and a power of attorney for legal representation.
For review of a judgment of divorce, stable union or regulation of parental responsibilities:
- Certified copy of the judgment to be reviewed (carta de sentença), with the Hague Apostille;
- full-text birth certificates (inteiro teor) of the parties, apostilled;
- documents that further support proof of the stable union, if applicable;
- certified copy of personal identity documents with photo, apostilled;
- current proof of address and power of attorney for legal representation (procuração forense).
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