BRAZIL Law and Practice Contributed by: Cassio Namur and Roberta Toledo, Tortoro, Madureira & Ragazzi Advogados
Thus, for the discussion of assets located in Bra - zil, the jurisdiction cannot be contested. Even if a divorce or property-sharing process is begun in Brazil, the party will have to propose the action abroad for the property located out - side Brazil. The Brazilian judge has no jurisdic - tion over assets located abroad, even if these assets are known and/or formally declared before the Brazilian tax authorities. According to Articles 22 and 23 of the Brazilian Civil Procedure Code, Brazilian courts can hear financial claims after a foreign divorce if: • they relate to common property located in Brazil; • they relate to maintenance when the creditor has domicile or residence in Brazil; or • the debtor maintains ties in Brazil, such as possession or ownership of assets, receipt of income, or obtaining of economic benefits. 2.2 Service and Process Proceedings involving financial assets may be prior judicial measures, with the granting of injunctions, or even incidental to proceedings involving the sharing of assets located in Brazil. These preparatory or incidental measures may require the search for or survey of assets, with the determination of orders to banks, broker- ages, stock exchanges or companies, and may involve the breaching of tax and bank secrecy. The process begins with a preliminary injunction and, in view of the risk of asset loss, may involve the blocking and seizure of assets known to the judge, as well as measures to raise and give full knowledge of the financial assets to the other party. These measures begin with the assess - ment of the preliminary injunction by the judge – after which, the subpoena and citation of the
other party that will contest the action occurs. The issue will then be decided definitively within the scope of the sharing of assets. 2.3 Division of Assets The Legal Rules of the Property Regime The division of property in the divorce is subject to the rules of the property regime chosen at the time of the marriage. When the parties do not choose according to their will, the legal regime of property provided for in Brazil is that of partial community of property, which does not require a prenuptial agreement. That is, this is the prop - erty regime applied to all marriages and stable unions in which no other regime has previously been established or imposed by law. This property regime presupposes the common effort and communication of the assets acquired at a cost by either party during the term of the marriage or stable relationship. Assets received by donation or inheritance remain incommuni - cable regardless of the acquisition date. Assets subrogated to individuals are also incommunica - ble. The sharing will take place in the proportion of 50% of the collection considered common, regardless of who acquired it. New legislation pending As mentioned in 1.1 Grounds, Timeline, Service and Process , Bill No 4/2025 is currently being processed in the Brazilian Senate. This reform bill addresses the updating of the 2002 Brazil - ian Civil Code and suggests changes to various topics, such as inheritance, division of assets, divorce, assisted reproduction, animal rights, digital law and civil liability, among others. Although the current Civil Code is relatively recent (23 years in existence), the impact of new technologies, changes in the dynamics of social
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