Area 04
Private International Law
Where a legal relationship touches two legal systems, the first question is not one of merits but of method: which law governs the case, and which authority has jurisdiction to decide it. That analysis shapes the entire strategy.
- 🇧🇷 Brasil
- 🇵🇹 Portugal
Overview
Need an assessment on this subject? The initial consultation establishes the right framework before any step is taken.
Book a consultationPrivate international law resolves conflicts between legal systems. In our practice it is the layer running through everything else: it determines the law applicable to a contract, the court competent to hear a corporate dispute, the regime governing an estate with assets in two countries, and the route to recognising a foreign decision.
We act in settling those questions in advance, while there is still a choice to be made, and in resolving those that have already become disputes, including recognition of foreign judgments before the Brazilian Superior Court of Justice and review and confirmation of judgments before the Portuguese courts.
We also handle requests for international judicial cooperation, the taking of evidence abroad, and opinions on foreign law intended to support proceedings under way.
This is the practice through which we assist Brazilians living abroad. Divorces, probate and other Brazilian procedures are conducted under a power of attorney, whether consular or apostilled, which removes the need for the client to be present in Brazil for most acts.
What we do
Services in this area
Each scope may be engaged on its own or combined with others, according to what the matter requires.
Applicable law and international jurisdiction
Analysis of connecting rules and determination of the legal system and forum applicable to the relationship.
Recognition of foreign judgments
Recognition of foreign decisions before the Brazilian Superior Court of Justice, and review and confirmation of judgments before the Portuguese courts.
International judicial cooperation
Letters rogatory, direct assistance, service of process and the taking of evidence abroad.
Cross-border estates and assets
Coordination of parallel probate proceedings, cross-border estate planning and avoidance of double taxation.
Opinions on foreign law
Opinions intended to support judicial and arbitral proceedings that turn on proof of the applicable law.
Representation of clients living abroad
Conduct of proceedings in Brazil under a power of attorney, for clients domiciled in Portugal or elsewhere.
Frequently asked
Questions we are asked often
The answers below are for information only and do not replace individual analysis of your matter.
Does a Brazilian court decision have effect in Portugal?
Not automatically. The judgment must go through review and confirmation before the competent Portuguese Court of Appeal in order to take effect in Portugal, including before public registries.And a Portuguese decision in Brazil?
It requires recognition by the Superior Court of Justice, save for exceptions provided by treaty. Without that step, the decision cannot be enforced on Brazilian territory.I live abroad. Do I need to travel to handle my case?
In most cases, no. We act under a power of attorney signed at the Brazilian consulate in your country of residence or executed locally with an apostille, which allows the procedure to run without your physical presence in Brazil.
Private International Law
Need guidance on private international law?
The initial consultation assesses the legal viability of your objective and sets out the available paths, with stages and timelines defined. Online, by video call or in person in São Paulo.
Monday to Friday, 9am to 6pm (Brasília time). We reply within one business day.