STF Allows International Service Of Process By Mail

A recent ruling by the Supreme Federal Court (STF) has confirmed the possibility of ratifying a foreign decision without the need for a Brazilian company to be served with process in the lawsuit by letter rogatory - an instrument to communicate between Judiciaries in different countries. The STF upheld the ruling of the Superior Court of Justice (STJ), releasing an American company from this obligation once and for all.

In the period from 1 January 2015 to 30 September this year, the STJ judged 3,576 requests to ratify a foreign ruling. Of these, 3,318 granted the order. The justices of the Supreme Court held that the STJ judgment is well-founded and duly supported by the infra-constitutional legislation (ARE 1137224). In practice, the ruling affords greater legal certainty to foreign investors who come to execute agreements with Brazilian companies, which can attract capital to the country.