BRAZIL Law and Practice Contributed by: Eduardo Perazza, Glaucia Coelho, Débora Chaves Martines Fernandes and Agnes Domingues, Machado Meyer
International Treaties The recognition of a foreign judgment may be waived or facilitated when there is an international treaty in force between Brazil and the foreign country. 9.2 Enforcement of Arbitral Awards Domestic Awards Domestic arbitral awards have the same legal effect as court judgments under the Brazilian Arbitration Act (Law No 9,307/1996). They constitute a judicial enforcement title and do not require recognition or homologation. Enforcement proceeds directly before state courts under the Code of Civil Procedure, with a 15‑day period for voluntary compliance, after which enforcement measures may be imposed. Foreign Arbitral Awards These awards must be recognised (homologated) by the STJ before enforcement in Brazil, pursuant to the Arbitration Act and the New York Convention. The STJ reviews only formal and public-policy requirements, not the merits of the award. 9.3 Length of Time Please see 2.4 Stages of Court Proceedings . A typical civil lawsuit takes approximately three years to reach a final decision on the merits. Appeals to superior courts may add another one to tow years. After obtaining a favourable judgment, enforcement proceedings may take an average of five to six years to locate assets and complete the necessary proce- dural formalities. 9.4 Grounds for Resisting Enforcement Foreign Judgments A party may oppose STJ homologation of a foreign judgment based on the following grounds: • lack of authenticity or proper translation of docu- ments; • the judgment is not final and binding in its country of origin; • Brazilian courts had exclusive jurisdiction over the subject matter; • the defendant was not properly served or given an opportunity to defend; and
• the judgment violates Brazilian sovereignty, public order or good morals. Domestic Arbitral Awards Domestic awards may be challenged under Arti- cle 32 of the Arbitration Act. The challenge must be filed within 90 days of receiving the award. Grounds include: • nullity of the arbitration agreement or the award itself; • the award addresses matters beyond the scope of the arbitration agreement; • the arbitral procedure violated mandatory legal rules or the agreed procedural rules; • the arbitrator failed to disclose a conflict of interest; or • the award lacks a proper statement of reasons. Brazil does not currently have specific legislation regulating the use of artificial intelligence in dispute resolution. The National Council of Justice (CNJ) is the adminis- trative body responsible for overseeing and regulating the Brazilian judiciary. The CNJ has issued two main instruments addressing AI in the judicial context. • Resolution No 332/2020 – establishes ethical guidelines for the use of AI by courts, including principles of transparency, non-discrimination and human oversight. It requires that AI tools used in judicial decision-making be explainable and sub- ject to human review. • Resolution No. 615/2025 – updates and expands the framework, addressing emerging AI technolo- gies and reinforcing requirements for algorithmic transparency and accountability in court systems. The resolutions function more as best-practice recom- mendations than as binding legal rules, but courts are expected to follow them as part of their administrative duties. 10. Dispute Resolution and AI 10.1 Regulation
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