The summons of a person domiciled in Brazil to respond to foreign judicial proceedings must occur through a letter rogatory.
The letter rogatory is a form of communication between the judiciary of different countries, with the objective of obtaining collaboration for the practice of procedural acts, such as summons of a debtor resident in Brazil for the payment of a certain amount.
However, the Supreme Court (STF), in a recent decision, upheld a decision of the Superior Court of Justice (STJ), confirming the validity of the summoning of a Brazilian company regarding foreign lawsuit by post office, without the need of a letter rogatory.
In the case analyzed by the STF (ARE 1137224), a Brazilian company had been cited by the Court of New York, by post office, to comply with a payment obligation. The STF took into account that there was a contract between the parties expressly providing for this method of service.
By approving the foreign judgment, the STJ held that the act of international service by post is valid, making the requirement of a letter rogatory more flexible. The decision of the STJ was based on the fact that postal summons is a legal means both in the U.S. and Brazilian Courts, as well as on the fact that there is a contractual provision.
The debtor company appealed to the Supreme Court, in order to annul the approval, since the summons did not take place by means of a letter rogatory. The STF, by maintaining the decision of the STJ, guarantees greater speed to summons of Brazilian companies and will prompt contracting parties to include in their contractual clauses the possibility of international summons by post.
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Author: Thaís de Kássia Rodrigues Almeida Penteado, Senior Associate & Head of Litigation at Peduti Advogados.
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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”