The Brazilian Constitution provides that foreigners residing in Brazil or those who do not live in Brazil are entitled to the same treatment as Brazilian citizens and may sue the Judiciary Power in Brazil. The right of action granted to foreigners, both individuals and companies without headquarters or branches in Brazil, is regulated by Article 5 XXXV of the Brazilian Constitution, which guarantees equal protection of the law for Brazilians and foreigners alike.
However, it is important to note that the Code of Civil Procedure’s provisions in Article 835 must be observed. In the event of a lawsuit where the Plaintiff is a foreign person residing outside Brazil without assets in the country to ensure the payment of procedural costs and attorney’s fees for the opposing party, the latter must provide a “bond” (cash guarantee) in the court’s account in an amount sufficient to support such potential expenses.
Once the legal basis regarding foreigners’ rights in Brazil has been established, practical aspects of their representation before the Brazilian Judiciary must be addressed. To sue the Brazilian Judiciary, a foreigner must appoint a Brazilian lawyer to represent them, who will submit a Power of Attorney. This document may be written in Portuguese, Portuguese and English, or even exclusively in another language without restrictions.
The Power of Attorney, also known as a Carta Poder, PoA, or Proxy, is the legal document necessary for representation, signed by a capable attorney, with the signature recognized by a local Notary or Notary. The Power of Attorney must be forwarded to the nearest Brazilian Consulate, where it will be “consularized” or Apostilled, an act consisting of legalization through the recognition of the signature of the competent Notary or Foreign Authority that recognizes the original document, under the terms of the consular regulation.
After consularization or Apostille, the document must be sent to the Brazilian lawyer, who will submit it for translation into Portuguese by a sworn translator and register it at the Registry of Deeds and Documents. The signatory’s identity document must also accompany the foreign power of attorney, either a copy of their valid identity, passport, Bylaws, or Articles of Incorporation in the case of foreign legal entities.
With the Power of Attorney regularly received, the lawyer will be able to file lawsuits, present a defense, and perform other acts in or out of court to protect the foreign person’s rights, such as acquiring real estate, vehicles, shares, and bonds, carrying out public records, buying, selling, among others, performing all acts legally permitted to foreigners within the Federative Republic of Brazil.
It is important to note that foreign lawyers intending to work in Brazil will need authorization from the OAB, according to OAB Provision 91/2000. These professionals are limited to providing consultancy on foreign law. The practice of Law in Brazil and consultancy in Brazilian Law are prohibited to foreign lawyers and cannot be carried out even in partnership with national lawyers.
For more information on this matter, interested parties can visit the websites www.advogasse.com.br or internationallawyerbrazil.com.
Thank You,
Dr. Mauricio Ejchel
The Brazilian Constitution provides that foreigners residing in Brazil or those who do not live in Brazil are entitled to the same treatment as Brazilian citizens and may sue the Judiciary Power in Brazil. The right of action granted to foreigners, both individuals and companies without headquarters or branches in Brazil, is regulated by Article 5 XXXV of the Brazilian Constitution, which guarantees equal protection of the law for Brazilians and foreigners alike.
However, it is important to note that the Code of Civil Procedure’s provisions in Article 835 must be observed. In the event of a lawsuit where the Plaintiff is a foreign person residing outside Brazil without assets in the country to ensure the payment of procedural costs and attorney’s fees for the opposing party, the latter must provide a “bond” (cash guarantee) in the court’s account in an amount sufficient to support such potential expenses.
Once the legal basis regarding foreigners’ rights in Brazil has been established, practical aspects of their representation before the Brazilian Judiciary must be addressed. To sue the Brazilian Judiciary, a foreigner must appoint a Brazilian lawyer to represent them, who will submit a Power of Attorney. This document may be written in Portuguese, Portuguese and English, or even exclusively in another language without restrictions.
The Power of Attorney, also known as a Carta Poder, PoA, or Proxy, is the legal document necessary for representation, signed by a capable attorney, with the signature recognized by a local Notary or Notary. The Power of Attorney must be forwarded to the nearest Brazilian Consulate, where it will be “consularized” or Apostilled, an act consisting of legalization through the recognition of the signature of the competent Notary or Foreign Authority that recognizes the original document, under the terms of the consular regulation.
After consularization or Apostille, the document must be sent to the Brazilian lawyer, who will submit it for translation into Portuguese by a sworn translator and register it at the Registry of Deeds and Documents. The signatory’s identity document must also accompany the foreign power of attorney, either a copy of their valid identity, passport, Bylaws, or Articles of Incorporation in the case of foreign legal entities.
With the Power of Attorney regularly received, the lawyer will be able to file lawsuits, present a defense, and perform other acts in or out of court to protect the foreign person’s rights, such as acquiring real estate, vehicles, shares, and bonds, carrying out public records, buying, selling, among others, performing all acts legally permitted to foreigners within the Federative Republic of Brazil.
It is important to note that foreign lawyers intending to work in Brazil will need authorization from the OAB, according to OAB Provision 91/2000. These professionals are limited to providing consultancy on foreign law. The practice of Law in Brazil and consultancy in Brazilian Law are prohibited to foreign lawyers and cannot be carried out even in partnership with national lawyers.
For more information on this matter, interested parties can visit the websites www.advogasse.com.br or internationallawyerbrazil.com.
Thank You,
Dr. Mauricio Ejchel