BRAZIL Law and Practice Contributed by: Octaviano Duarte, Henrique Forssell and Marcelo Lucidi, Duarte Forssell Advogados
Letter Rogatory However, if the defendant is resident or incorporated in a jurisdiction that has not adhered to the Hague Service Convention, and assuming that there are no treaties between Brazil and such foreign country regu - lating service of process, the claimant must follow the ordinary rules of service via a letter rogatory.
Joinder of parties typically occurs when a defendant requests the inclusion of additional parties who may also be liable for the claims asserted in the complaint. This request is made in the defendant’s answer to the complaint, and, if granted, allows all relevant parties to be joined in the same proceedings. Similarly, intervention of third parties allows individu - als or entities with a legitimate interest in the outcome of the proceedings to participate in the case as either plaintiffs or defendants. This intervention can occur at various stages of the proceedings and is subject to judicial approval based on the relevance of the third party’s involvement. In addition to these mechanisms, defendants may also file claims against third parties who may bear subsidiary liability for the claims asserted against them. By initiating a separate action, defendants can hold these third parties accountable for their role in the underlying legal dispute. 4.2 Service of Proceedings out of the Jurisdiction There are two different methods for serving parties out of jurisdiction. For defendants resident or incorporat - ed in foreign jurisdictions, the claimant must analyse whether the foreign jurisdiction had adhered (or not) Brazil is a party to the Hague Service Convention. When serving a foreign party in a Brazilian legal proceeding via the Hague Convention, the process involves: • preparing a formal request for service; • submitting the request to the central authority in Brazil (Ministry of Justice); • transferring the request to the central authority in the foreign country; • arranging for service by the foreign central author - ity; • providing proof of service to the Brazilian central authority; to the Hague Convention. Hague Service Convention • notifying the requesting party of the outcome; and • taking further steps in the legal proceeding as necessary.
5. Enforcement 5.1 Methods of Enforcement Attachment Orders
Enforcement in Brazil typically involves obtaining attachment orders issued by Brazilian courts. These orders are commonly sought in enforcement pro - ceedings and can be obtained against a debtor’s free assets. However, attachment orders against third par - ties are only granted in specific cases, such as when fraud occurs or when the legal requirements of the disregard doctrine (piercing of the corporate veil) are met. To obtain an attachment order, the applicant must dis - close the nature and location of the assets they seek to attach and demonstrate ownership by the debtor. This request should be included in the initial complaint of the enforcement proceeding (or in subsequent peti - tions) and must fulfil all legal requirements. Further Enforcement Measures In addition to the methods discussed earlier, the appli - cant can request that the court issue official orders to various entities, including the following: • the Central Depositary of Shares, to register attachment over shares of public companies, quo - tas of investment funds and/or other bonds that may exist in the name of the debtor; • the Real Estate Registry, to register attachment over real estate that may be available in the name of the debtor; and • the Commercial Registry, to receive informa - tion regarding the ownership and location of the defendant’s assets, as well as to register attach - ment over any shares in the name of the debtor.
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