Process service · The AmericasOverview
Process Server in Brazil: How Service of Process Works
Brazil is the most recent major economy to join the Hague Service Convention, acceding on November 29, 2018, with entry into force on June 1, 2019. Before that, service into Brazil required a slower Letters Rogatory process with Superior Tribunal de Justiça (STJ) approval. Brazil filed some of the most restrictive declarations of any signatory: it fully objected to Article 8 (no foreign diplomatic or consular service) and Article 10 (no postal service, no direct requests to judicial officers). Every request must go through the Central Authority, the Department of Assets Recovery and International Legal Cooperation (DRCI) within the Ministry of Justice and Public Security in Brasília, and every document must be translated into Portuguese.
In Brazil, service determines whether a U.S. judgment will ever have effect. A foreign judgment works in Brazil only after the Superior Court of Justice (STJ) approves it in a 'homologação' proceeding under Article 960 of the Code of Civil Procedure. The STJ doesn't review the merits, but it does check due process, including that the defendant was regularly served, even if they then defaulted.
The STJ's case law is strict on this point: a defendant domiciled in Brazil must be served through formal cooperation channels, historically a letter rogatory and now the Hague request. Service by registered mail or by a private agent is treated as a breach of Brazilian public order, and the foreign judgment is refused.
Practically, that means a U.S. plaintiff who may need to collect in Brazil should serve through the DRCI from the start, with full Portuguese translations, even if a faster method would satisfy the U.S. court.
Who serves process
Who Can Serve Legal Documents in Brazil
Brazil is a civil-law country. Inside Brazil, service (citação) is carried out by court officers called oficiais de justiça or by mail, under the Code of Civil Procedure. For requests from abroad, the Central Authority is the Department of Assets Recovery and International Legal Cooperation (DRCI) of the Ministry of Justice and Public Security in Brasília.
Brazil opposes every Article 10 method and also service by foreign diplomats or consuls, so the Central Authority is the only valid route. Every document must come with a Portuguese translation, and the request form must be completed in Portuguese or translated. Brazil does not charge for service.
For defendants in Brasília or elsewhere in Brazil, the usual starting point is a petição inicial (initial claim) with a citação (summons); orders, notices and enforcement papers follow later in a case. Defendants may be anywhere from Brasília to Southeast Region (Sudeste), and we cover the whole country.
Proof you receive: certificate or sworn affidavit
A Brazilian court officer serves the documents and records it, and the Central Authority returns the Hague Certificate of Service for filing with your court.
DRCI Central Authority Submission
We prepare and submit the Hague request, together with a certified Portuguese translation, to the DRCI in Brasília — the sole valid channel for service into Brazil since its 2018 accession closed off the older, slower Letters Rogatory route for Convention matters.
Certified Portuguese Translation
Brazil will not accept documents for service unless accompanied by a Portuguese translation, with the narrow exception of the Convention's own standard form language. We arrange certified Portuguese translations of every document so the courts in Brasília accept them.
Auxílio Direto Filing Support
Brazil's auxílio direto framework under its Code of Civil Procedure lets Convention requests move through the federal court system without the STJ exequatur that traditional letters rogatory required — we structure filings to take advantage of this faster domestic pathway.
The rules
Brazil Service of Process Rules
The rules that matter most for service and enforcement in Brazil:
| Rule | What it covers |
|---|---|
| CPC Art. 960 | Foreign judgments need STJ homologation |
| RISTJ Art. 216-D | Requirements for homologation, including regular service |
| Constitution Art. 105(I)(i) | STJ jurisdiction over foreign judgments and letters rogatory |
| Hague Art. 10 | Brazil objects to postal, private and consular service |
Treaties
Hague Service Convention and Brazil
Brazil is a party to the Hague Service Convention, so documents can be sent to its Central Authority, which arranges service and returns a Certificate of Service. Brazil has made a declaration on Article 10, which limits service by post or by private agents, so we confirm which methods are open before choosing one.
Brazil is also a party to the Hague Evidence Convention, so witness testimony and documents can be requested with a Letter of Request. Brazil and the United States are both parties to the Inter-American Convention on Letters Rogatory and its Additional Protocol, which offers another formal route.
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