BRAZIL Law and Practice Contributed by: Octaviano Duarte, Henrique Forssell, Marcelo Lucidi and Mayara Rahman Rufino, Duarte Forssell Advogados
al based on the relevance of the third party’s involvement. In addition to these mechanisms, defendants may also file counterclaims 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 par - ties out of jurisdiction. For defendants resident or incorporated in foreign jurisdictions, the claim - ant must analyse whether the foreign jurisdiction had adhered (or not) to the Hague Convention. Hague Service Convention Brazil is a party to the Hague Service Conven - tion. 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 author - ity in the foreign country; • arranging for service by the foreign central authority; • providing proof of service to the Brazilian central authority; • notifying the requesting party of the outcome; and • taking further steps in the legal proceeding as necessary. Letter Rogatory However, if the defendant is resident or incorpo - rated 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 regulating service of process, the claimant must follow the ordinary rules of service via a letter rogatory.
5. Enforcement 5.1 Methods of Enforcement Attachment Orders
Enforcement in Brazil typically involves obtain - ing attachment orders issued by Brazilian courts. These orders are commonly sought in enforce - ment proceedings and can be obtained against a debtor’s free assets. However, attachment orders against third parties 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 disclose the nature and location of the assets they seek to attach and demonstrate ownership by the defendant. 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 applicant 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, quotas of investment funds and/or other bonds that may exist in the name of the debtor; • the Real Estate Registry, to register attach - ment over real estate that may be available in the name of the debtor; and
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