Lawsuit or debt in Brazil while living abroad

Summary

Living abroad does not suspend a lawsuit, debt or enforcement in Brazil. A person living abroad is served by letter rogatory (Code of Civil Procedure, art. 237, II) or, if not found, by public notice, and the case can proceed without their defence. The defence against judicial collection must be filed within 15 business days, and bank accounts can be frozen through the Sisbajud system without prior notice (art. 854). Rocha Advogados, based in Goiânia, defends Brazilians abroad in cases in any state.

How do Brazilian courts serve someone living abroad?

With a known address, by letter rogatory, which goes through the Ministry of Justice. According to the Ministry itself, it takes on average six months, and about two months for the United States and Portugal. Without a known address, service is by public notice (art. 256), with a period of 20 to 60 days.

What happens if I do not defend myself?

A defendant who does not answer is in default, and the facts alleged by the plaintiff are presumed true (Code of Civil Procedure, art. 344). In collection cases, the next step is attachment: freezing of accounts, vehicles and property, up to auction.

Can I defend myself from abroad?

Yes. The lawyer in Brazil acts in the electronic proceedings with the firm's power of attorney, signed digitally from any country, with no consulate or notary needed (art. 105 of the Code of Civil Procedure). When the defendant hires a lawyer and appears voluntarily, the defence period starts from that moment (art. 239, § 1), which can save months and prevent decisions being made without you.

My property in Brazil is going to auction. Is there still time?

It depends on the date and the type of auction. In court auctions and in out-of-court auctions of financed property, defences have short deadlines, and acting before the scheduled date preserves the options, such as pointing out a defect in the notice or negotiating the debt.

What documents do I need?

Any letter, e-mail or notice received about the case or the debt.
The case number, if you know it.
The debt contract and proof of payments.
A statement showing the freeze, if any.
The auction notice, if the property already has a date.

Frequently asked questions

I found out about the case years later. Can I still do anything?

In many cases, yes. Service by public notice without trying the known address, or a poorly executed letter rogatory, can void the proceedings. The claim may also be time-barred. Each point depends on reading the court record.

The court froze my bank account in Brazil. How do I unfreeze it?

The freeze can be challenged within 5 days if it reaches amounts protected by law, such as salary or savings up to 40 minimum wages (Code of Civil Procedure, arts. 833 and 854, § 3). After that period, the defence remains possible through the ordinary means of enforcement.

Can I settle the debt while living abroad?

Yes. The lawyer negotiates on your behalf and the settlement is signed by power of attorney or electronic signature, then approved in the case.

Will I be arrested for debt if I return to Brazil?

Not for an ordinary civil debt. The Constitution only allows civil imprisonment for unpaid child or spousal support (art. 5, LXVII). A criminal case is a different matter, covered on its own page.

Does an old debt in Brazil expire?

It may. Collection of a liquid debt stated in a contract or document is usually time-barred after five years (article 206, paragraph 5, item I, of the Civil Code), and an enforcement case stalled for lack of assets may end through intercurrent limitation (article 921 of the Code of Civil Procedure). Each case depends on the dates and any interruptions of the period.

This content is for information only and does not replace advice on your specific case. No outcome is guaranteed, in line with Brazilian Bar Provision 205/2021.

Rocha Advogados, a law firm in Goiânia, Brazil, serving Brazilians living abroad. Av. D, 419, 4th floor, Setor Marista. Lawyers in charge: Rafael Bispo da Rocha, OAB/GO 33.675, and Ivenise Uchôa de Almeida Rocha, OAB/GO 59.087. Online service for Brazilians in any country and in-person service in Goiânia.