BRAZIL Law and Practice Contributed by: Octaviano Duarte, Henrique Forssell and Marcelo Lucidi, Duarte Forssell Advogados
Attachment of bank accounts is typically automatic upon the granting of the attachment order and is exe - cuted directly by the judge via the SISBAJUD system, without the need for further information. However, the court may grant exceptions to the attachment order if the defendant demonstrates that it may jeopardise the payment of their daily living expenses. Attachment of vehicles can be effected via the RENA - JUD system, which is used in Brazil for the automated search and blocking of vehicles to enforce judicial decisions. Liens Over the Assets Attached Once executed, the attachment order creates a lien over the attached assets. If multiple attachment orders are concurrent over the same assets, priority among creditors is generally determined by the date the attachment orders were issued, with a few excep - tions. In cases where the same assets are subject to multiple liens, each creditor will have priority over the proceeds from the execution of the asset based on the order in which the lien of execution was established. However, this priority ceases in the event of the debt - or’s insolvency. In such cases, liens lose their effect, and all assets become subject to the collective or con - current execution of all the debtor’s property, treating all creditors equally based on their respective class. 5.2 Enforcement of Foreign Judgments As a general rule, judgments rendered outside Bra - zilian territory must be previously recognised by the Superior Court of Justice (STJ) to be valid in Brazil. During the recognition/homologation process, the Superior Court of Justice will examine the validity of the foreign award, as well as its compatibility with national public policy, ultimately deciding whether to grant the exequatur requested by the interested party. The homologation action must be filed by the plaintiff and adhere to the internal rules of the Superior Court of Justice, the Code of Civil Procedure, and the Rules of Introduction to Brazilian Law. These requirements include:
• filing of the original or authenticated copy of the foreign award and relevant documents, all duly translated by a sworn translator in Brazil; • certification by Brazilian consular authorities (when applicable) or legalisation with an apostille under the Hague Convention; • issuance of the award by a competent authority; • evidence that the parties were validly served; • effectiveness of the award; and • the award must not violate sovereignty, human dignity, public policy or good customs. If the application for recognition is dismissed due to formal deficiencies, the requesting party may resubmit the request after addressing the issues. If the STJ homologates the foreign award, recognising its enforceability, it will grant the exequatur. Once the foreign judgment is homologated by the STJ, it will be treated as a domestic court award and will follow the enforcement procedures established in the Code of Civil Procedure. 6. Privileges 6.1 Invoking the Privilege Against Self- Incrimination The privilege against self-incrimination is enshrined in both the Brazilian Federal Constitution and the Crimi - nal Procedure Code. This privilege protects individuals from being compelled by public authorities to incrimi - nate themselves. Its primary legal effects include: • the entitlement to remain silent when pressured, with this silence not being held against the indi - vidual; and • the right to refuse to produce self-incriminatory evidence. When a defendant invokes this privilege, no inference is allowed to be drawn. 6.2 Undermining the Privilege Over Communications Exempt From Discovery Under Brazilian law, attorney–client privilege safe - guards all communications related to the lawyer’s professional activity with a client, including the inviola -
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