Many people believe that once they are back home, it is too late to do anything about a problem they had in Brazil. That is not the case: Brazilian courts hear cases brought by foreigners, and much of the work can be done remotely. But there are requirements and costs you should know about before deciding.
This guide explains, based on Brazilian law, what is needed, what it may cost and what depends on you.
Can a Brazilian court hear my case?
In many cases, yes. The Brazilian Code of Civil Procedure (art. 21) gives Brazilian courts jurisdiction when the company being sued is domiciled in Brazil, which includes a foreign company with an agency, branch or office in the country; when the obligation was to be performed in Brazil; or when the facts took place here. Problems with hotels, agencies, shops or airlines operating in Brazil usually fall under one of these.
For international flights there is an extra rule: the Montreal Convention (art. 33) sets where you can sue for material damage: the airline's domicile, the place where the ticket was bought or the destination of the journey. That is why the first thing I check is whether your case can be brought in Brazil.
What you need to sign
- A power of attorney as a private document. It is a simple document, written in Portuguese, that you sign by hand. Brazilian law does not require notarisation of the signature (art. 105 of the Code of Civil Procedure) and, as a private document, it does not need an apostille. You print it, sign it, scan it and send it to me. The scanned copy filed in the electronic court system has the same value as the original (Law 11,419/2006, art. 11, § 1); you only need to keep the paper until the end of the case (§ 3).
- A fee agreement, which sets out in writing, before anything is filed, how the lawyer's work is paid.
The power of attorney includes specific powers to negotiate and settle. This allows the lawyer to represent you at the conciliation hearing without you having to travel (art. 334, § 10). If you wish, I explain every clause in English before you sign.
In exceptional situations, if there is a concrete doubt about the representation, the judge may ask for additional documents.
The CPF: the Brazilian taxpayer number
The claim must state the claimant's CPF (art. 319, II, of the Code of Civil Procedure). Foreigners can register with the Brazilian Federal Revenue; from abroad, the request is made at a Brazilian consulate. If getting one is impossible or excessively burdensome, the law allows the claim to proceed without it (art. 319, § 3), but having it avoids arguments. If you are still in Brazil, talk to me before you travel.
Costs: going to court in Brazil is not free
It is important to know this before deciding. A lawsuit in Brazil has costs:
- Court fees (custas): paid when the claim is filed and for some steps of the case (art. 82 of the Code of Civil Procedure). The amount depends on the value claimed and the court's fee tables.
- The other side's attorney fees, if you lose: the judge sets them between 10% and 20% of the award, of the economic benefit or of the value of the claim (art. 85, § 2).
- Your lawyer's fees, set in the fee agreement.
- Possible expenses, such as expert reports or sworn translations, if needed.
If you win, the judgment orders the other side to refund the court fees you paid in advance (art. 82, § 2). Before anything is filed, I give you an estimate of the costs of your case.
The security deposit for people who live abroad
A claimant who lives outside Brazil and owns no real estate in the country must, in principle, post security sufficient to cover the court fees and the other side's attorney fees if the case is lost (art. 83 of the Code of Civil Procedure). The law waives this security when an international treaty to which Brazil is a party provides so (art. 83, § 1, I):
- Countries that, like Brazil, are parties to the 1980 Hague Convention on International Access to Justice (Decree 8,343/2014), such as Spain: its art. 14 forbids requiring security from residents of another contracting state merely because they are foreigners or do not live in the country. Brazilian courts have already applied this rule to residents of Spain.
- Argentina and other Mercosur countries: the Las Leñas Protocol guarantees equal procedural treatment, but Brazilian case law is not uniform on whether this waives the security.
- Other countries, such as the United States: assessed case by case.
Do I have to come back to Brazil?
Generally, no. The lawyer represents you in the proceedings. The conciliation hearing can take place electronically (art. 334, § 7) and, with the specific power of attorney, the lawyer can represent you at it. If the judge or the other side asks for your personal testimony, the law provides that it may be taken by video when the party lives outside the place of the proceedings (art. 385, § 3).
Documents in other languages
Court proceedings are conducted in Portuguese (art. 192). As a rule, a document in another language must come with a sworn translation. Brazilian courts, including the Superior Court of Justice, have accepted waiving it when the document is simple and understandable and no one is harmed. Boarding passes and receipts are usually fine as they are; long contracts may require translation.
Deadlines
- Damage caused by defective consumer services: 5 years (art. 27 of the Consumer Protection Code).
- International flights, material damage: 2 years from arrival or from the date the aircraft should have arrived (art. 35 of the Montreal Convention).
Evidence disappears much sooner: act as early as you can.
How we start
- You write to me on WhatsApp or by e-mail and send photos of your documents.
- I check whether the case can be brought in Brazil, the evidence, the deadlines, the estimated costs and the security deposit.
- You decide. If you go ahead, you sign the power of attorney and the fee agreement.
- I file the claim and report every step to you in writing.
Frequently asked questions
Do I need to apostille or notarise the power of attorney?
As a rule, no. A hand-signed power of attorney as a private document does not require notarisation (art. 105 of the Code of Civil Procedure) and, as a private document, it does not take an apostille. The judge may ask for more only if there is a concrete doubt.
How much does it cost to make a claim in Brazil?
There are court fees when the claim is filed, your lawyer's fees and, if you lose, the other side's attorney fees, between 10% and 20%. People who live outside Brazil may have to post a security deposit, unless a treaty waives it.
Do I have to travel to Brazil for the case?
Generally, no. The lawyer represents you, the conciliation hearing can be held electronically and, if your testimony is needed, the law allows it to be taken by video.
