Brazilian Court System Guide for Foreigners
Direct Answer
Brazil’s court system has five specialized branches: ordinary justice (civil and criminal), labor, electoral, military, and federal. Foreigners have equal constitutional rights to access Brazilian courts — you can sue, be sued, and exercise all procedural rights. Most foreigner-relevant disputes go to state courts (Tribunal de Justica) for civil, family, and property matters, or labor courts (TRT) for employment disputes. Small claims courts (Juizados Especiais) handle cases up to 40 minimum wages quickly and for free. A lawyer registered with the OAB is required for most proceedings.
How Brazilian Courts Are Structured
The Brazilian judiciary is organized in a hierarchical structure with specialized branches. Understanding this structure helps you know where your case belongs.
The Supreme Federal Tribunal (STF)
The Supremo Tribunal Federal (stf.jus.br) is Brazil’s highest court, equivalent to the U.S. Supreme Court. It has 11 justices (ministros) appointed by the President and confirmed by the Senate.
STF jurisdiction:
- Constitutional matters (direct actions of unconstitutionality — ADI, ADC, ADPF)
- Conflicts between federal entities (Union vs. states)
- Criminal cases against sitting officials (President, Congress members, ministers)
- Extraordinary appeals (recurso extraordinario) on constitutional questions
Relevance for foreigners: STF decisions on immigration law, foreigner rights, and treaty interpretation directly affect your legal status. STF has ruled that foreigners are entitled to habeas corpus, fundamental rights, and equal protection under Article 5 of the Constitution.
Superior Tribunal de Justica (STJ)
The STJ (stj.jus.br) is the highest court for non-constitutional federal law matters. It has 33 justices.
STJ jurisdiction:
- Uniform interpretation of federal law across all states
- Special appeals (recurso especial) from state and federal courts
- Homologation of foreign judgments — critical for foreigners
- International letters rogatory (requests from foreign courts)
- Conflicts of jurisdiction between courts
Key for foreigners: If you have a foreign divorce decree, custody order, or commercial judgment that needs enforcement in Brazil, the STJ is where you apply for homologation (recognition).
Federal Courts (Justica Federal / TRF)
Federal courts handle cases involving the federal government, federal entities, and matters of federal interest.
Federal court jurisdiction includes:
- Cases involving the Union, federal agencies (INSS, Receita Federal, Policia Federal, INCRA)
- Immigration and deportation proceedings
- Social security (INSS) benefit disputes
- Tax disputes with Receita Federal
- International treaties and conventions
- Crimes against the financial system
- Environmental crimes on federal land
Structure:
- Varas Federais (first instance) — trial courts in each state
- TRF (Tribunal Regional Federal) — 6 regional appellate courts covering all states
Relevance for foreigners: If you dispute an INSS benefit denial, challenge a Policia Federal immigration decision, fight a Receita Federal tax assessment, or have issues with INCRA rural land restrictions, your case goes to federal court.
State Courts (Justica Estadual / TJ)
State courts handle the vast majority of cases in Brazil and are where most foreigners will interact with the judiciary.
State court jurisdiction:
- Civil litigation (breach of contract, debt collection, property disputes)
- Family law (divorce, custody, child support, guardianship)
- Consumer protection disputes
- Criminal cases (except federal crimes)
- Real estate disputes
- Probate and inheritance
- Business and commercial disputes
Structure:
- Varas (first instance) — specialized by subject (Vara Civel, Vara de Familia, Vara Criminal, Vara Empresarial)
- Tribunal de Justica (TJ) — state appellate court in each state capital
Each state has its own TJ. Examples:
- TJSP (Sao Paulo — tjsp.jus.br) — largest court in Latin America
- TJRJ (Rio de Janeiro — tjrj.jus.br)
- TJMG (Minas Gerais — tjmg.jus.br)
- TJRS (Rio Grande do Sul — tjrs.jus.br)
Labor Courts (Justica do Trabalho / TRT)
Labor courts handle all employment disputes, which are among the most common cases foreigners encounter.
Labor court jurisdiction:
- Wrongful dismissal claims
- Unpaid wages, overtime, benefits
- FGTS deposit disputes (when employer fails to deposit — see our CAIXA guide)
- Workplace harassment and discrimination
- Work accident compensation
- Union-related disputes
- Informal employment recognition (vinculo empregaticio)
Structure:
- Varas do Trabalho (first instance) — trial courts
- TRT (Tribunal Regional do Trabalho) — 24 regional appellate courts
- TST (Tribunal Superior do Trabalho) (tst.jus.br) — highest labor court
Key for foreigners: If your employer did not register your employment (carteira assinada), failed to pay FGTS, or dismissed you without proper severance, file a claim at the Vara do Trabalho. Employee filing fees are zero — you pay nothing to sue your employer. If you lose, you may be liable for opposing party’s attorney fees only if you earned above a certain income threshold.
Electoral and Military Courts
- Electoral courts (TSE, TRE) — handle elections, voter registration, political party matters. Relevant only for naturalized citizens who must vote.
- Military courts (STM) — handle military criminal cases. Rarely relevant for foreigners.
Juizados Especiais (Small Claims Courts)
The Juizados Especiais (Special Courts) are Brazil’s small claims courts, created by Law 9,099/1995. They are fast, free, and accessible — the best option for many foreigner disputes.
How They Work
- Claim limit: 40 minimum wages (approximately R$56,480 in 2026)
- Filing fees: FREE at first instance
- Lawyer required? No, for claims up to 20 minimum wages. Above 20 minimum wages, lawyer required
- Procedure: simplified — filing, conciliation hearing, trial (if no agreement)
- Timeline: typically 3-6 months from filing to decision
- Oral proceedings: many steps are done orally in hearings, reducing paperwork
Common Cases for Foreigners in Juizados Especiais
- Airline compensation — flight delays, cancellations, lost luggage (very common and favorable for consumers)
- Telecom disputes — overcharging, service failures (Vivo, Claro, TIM)
- Bank disputes — unauthorized charges, account issues
- Consumer purchases — defective products, non-delivery
- Rental disputes — deposit refund, minor repairs
- Service contracts — gym memberships, online subscriptions
- Traffic accidents — minor property damage
Filing at Juizados Especiais
- Go to the Juizado Especial in your judicial district (comarca)
- Bring: CPF, ID (passport/CRNM), evidence (receipts, contracts, photos, screenshots, emails)
- Describe your claim to the clerk (atendente) — they will draft the initial petition
- A conciliation hearing is scheduled (usually within 30-60 days)
- If no agreement, a trial hearing is scheduled before a judge
- Decision is usually given on the same day as trial
Practical tip: Many Juizados now accept electronic filing. Check your state’s TJ website for the Juizado Especial virtual portal. In Sao Paulo, use esaj.tjsp.jus.br.
Hiring a Lawyer in Brazil
OAB Requirement
All lawyers practicing in Brazil must be registered with the OAB (Ordem dos Advogados do Brasil) — oab.org.br. Verify a lawyer’s registration at the OAB website before hiring.
Foreign lawyers cannot practice Brazilian law without:
- Validating their foreign law degree through a Brazilian university (revalidacao de diploma)
- Passing the OAB bar exam (Exame de Ordem)
- Registering with the OAB section in their state
Foreign law firms can operate in Brazil only for advisory services on foreign law (not representing clients in Brazilian courts).
Finding a Lawyer
- OAB referral services — each state OAB section has a referral system
- Defensoria Publica — free legal representation for low-income individuals (including foreigners). Income limit varies by state, generally around 3 minimum wages
- University legal clinics (nucleos de pratica juridica) — free legal services provided by law students under professor supervision
- Embassies and consulates — maintain lists of lawyers who speak specific languages
Attorney Fees
Brazilian attorney fees are unregulated but must follow the OAB ethics code:
| Service | Typical Range |
|---|---|
| Initial consultation | R$200-R$1,000 (often credited toward retainer) |
| Simple contract review | R$500-R$3,000 |
| Civil lawsuit (first instance) | R$3,000-R$20,000 |
| Family law (divorce, custody) | R$5,000-R$30,000 |
| Labor claim (employee side) | Often percentage of recovery (15-30%) |
| Criminal defense | R$10,000-R$100,000+ |
| Immigration matters | R$2,000-R$15,000 |
| Real estate transaction | R$3,000-R$10,000 |
Fee structures:
- Fixed fee (honorarios fixos) — set amount for the entire case
- Hourly rate — R$300-R$2,000/hour depending on firm and seniority
- Contingency (exito) — percentage of amount recovered; common in labor and personal injury cases
- Retainer (honorarios mensais) — monthly fee for ongoing legal support
Important: Get a written fee agreement (contrato de honorarios) before engaging any lawyer. Verbal agreements are valid but harder to enforce.
Court Costs and Fee Waivers
Custas Judiciais (Court Costs)
Court costs in Brazil vary by state. They typically include:
- Filing fee (taxa judiciaria) — usually percentage of case value (0.5-1%)
- Service of process (diligencias) — fees for serving the defendant
- Expert fees (pericia) — when court appoints technical experts
- Appeal fees — additional fees for filing appeals
Examples (Sao Paulo state):
- Filing a civil case worth R$50,000: approximately R$500 in court costs
- Filing an appeal: approximately R$600
- Small claims (Juizado Especial): FREE at first instance
Justica Gratuita (Fee Waiver)
Any person — including foreigners — who cannot afford court costs can request justica gratuita (free justice). Requirements:
- Self-declaration of financial need (declaracao de hipossuficiencia)
- Monthly income generally below 3 minimum wages, though courts assess case by case
- The declaration can be challenged by the opposing party
Justica gratuita covers: court costs, expert fees, service of process fees, and sometimes attorney fees through the Defensoria Publica.
Electronic Court System (PJe and eSAJ)
Brazilian courts are largely digital. Most proceedings are conducted electronically:
PJe (Processo Judicial Eletronico)
PJe is the unified electronic filing system used by federal courts, labor courts, and many state courts. Lawyers file petitions, upload documents, and receive notifications electronically.
eSAJ (Sao Paulo State)
Sao Paulo uses eSAJ for electronic case management. Other states have their own systems.
Case Lookup (Consulta Processual)
Anyone can look up court cases online — Brazilian proceedings are generally public (except family law, minors, and sealed cases):
- Federal courts: processual.trf3.jus.br (Sao Paulo region)
- TJSP: esaj.tjsp.jus.br/cpopg
- Labor courts: pje.trt2.jus.br (Sao Paulo)
- STJ: processo.stj.jus.br
- STF: portal.stf.jus.br
For foreigners: You can check if someone has pending lawsuits (useful for due diligence before business partnerships or property purchases). Search by name or CPF/CNPJ.
Common Legal Situations for Foreigners
Divorce in Brazil
If you married in Brazil or your spouse is Brazilian:
- Consensual divorce — both parties agree, processed at cartorio (notary) in one day if no children; or through court if children under 18
- Contested divorce — court process, typically 1-3 years
- Property division — depends on the marriage regime (comunhao parcial, separacao total, etc.)
- International divorce — may require homologation of foreign divorce decree by STJ
See our international divorce guide.
Child Custody
- Brazilian courts follow the best interest of the child standard
- Shared custody (guarda compartilhada) is the default since 2014
- International custody disputes may involve the Hague Convention on International Child Abduction — Brazil is a signatory
- Cross-border custody cases require immediate legal action
See our child custody guide.
Property Disputes
- Usucapiao (adverse possession) — after 5-15 years of uninterrupted possession, someone can claim ownership
- Eviction (despejo) — landlord eviction lawsuits, typically 6-12 months through courts
- Property boundary disputes — require expert surveyor (perito agrimensor)
- Condominium disputes — governed by condo bylaws and Civil Code
See our property purchase guide.
Enforcement of Foreign Judgments
To enforce a foreign court decision in Brazil:
- Homologation by STJ — file a petition with:
- Original foreign judgment (or certified copy)
- Sworn translation (traducao juramentada) into Portuguese
- Apostille (Hague Convention) or consular legalization
- Proof the judgment is final and not subject to appeal
- Proof the defendant was properly served
- STJ review — the court verifies:
- Brazilian sovereignty not violated
- Public order respected
- Defendant had due process
- Not contrary to res judicata of Brazilian court
- After homologation — enforcement proceeds in federal court as a Brazilian judgment
Timeline: 6-18 months for STJ homologation; additional time for federal court enforcement.
Important: Arbitral awards (from arbitration, not courts) follow a similar process but are homologated under the New York Convention — often faster.
Arbitration as an Alternative
Law 9,307/1996 governs arbitration in Brazil. Major arbitration institutions:
- CAM-CCBC (Centro de Arbitragem e Mediacao — Camara de Comercio Brasil-Canada) — ccbc.org.br
- FIESP/CIESP arbitration center
- ICC (International Chamber of Commerce) — Brazil section
Advantages for foreigners:
- Faster than courts (typically 12-18 months)
- Confidential proceedings
- Choice of arbitrators (including international experts)
- Proceedings can be conducted in English
- Awards are directly enforceable (no STJ homologation for domestic awards)
- Brazil is a signatory to the New York Convention for international awards
When to consider arbitration: Commercial disputes, shareholder conflicts, construction contracts, and any contract with an arbitration clause.
CNJ (Conselho Nacional de Justica)
The CNJ (cnj.jus.br) is the oversight body for the Brazilian judiciary. It does not hear cases but:
- Sets administrative policy for all courts
- Publishes court performance statistics (Justica em Numeros)
- Receives complaints against judges
- Promotes digital transformation of courts
- Manages SISBAJUD (system for freezing bank accounts by court order)
Useful for foreigners: The CNJ website has data on average case durations by court, helping you set realistic expectations for your case timeline.
How Courts Connect to Other Institutions
- Banco Central — SISBAJUD system allows judges to freeze bank accounts instantly; court orders affect exchange operations
- CAIXA — labor court judgments may require FGTS verification; court orders for pension division involve CAIXA accounts
- INCRA — rural property disputes often involve INCRA as a party; land reform cases go to specialized agrarian courts
- Itamaraty — international letters rogatory and Hague Convention child abduction cases involve diplomatic channels
- SUS — health-related lawsuits (access to medications, procedures) are a major category, with courts often ordering SUS to provide specific treatments
- Policia Federal — immigration detention and deportation orders are reviewed by federal courts
Key Court Portals and Resources
- STF: portal.stf.jus.br
- STJ: stj.jus.br
- TST (Labor): tst.jus.br
- CNJ: cnj.jus.br
- TJSP (Sao Paulo): tjsp.jus.br
- TJRJ (Rio de Janeiro): tjrj.jus.br
- OAB: oab.org.br
- Defensoria Publica da Uniao: dpu.def.br
- PJe (electronic filing): pje.jus.br
How ZS Advogados Can Help
Our firm handles litigation and dispute resolution across multiple areas relevant to foreigners:
- Civil litigation — contract disputes, property claims, consumer protection, debt collection
- Family law — international divorce, child custody, prenuptial agreements, estate planning
- Labor law — wrongful dismissal, unpaid wages, FGTS recovery, workplace discrimination
- Real estate law — property disputes, eviction defense, construction defects
- Business law — shareholder disputes, commercial arbitration, contract enforcement
- Immigration law — challenging deportation orders, visa denials in federal court
Whether you need to file a lawsuit, defend against one, enforce a foreign judgment, or understand your rights in Brazilian courts, contact our team for a consultation.
This guide is for informational purposes and does not constitute legal advice. Court procedures and costs vary by state and case type. Last updated June 2026.
