Litigation in Brazil: process, costs and strategy for foreign companies

The duration and cost of Brazilian litigation vary by court, state, claim value, expert evidence, number of parties, appeals and enforcement activity. Fixed estimates may therefore be misleading.

General stages

A civil case may involve a complaint, service of process, defense, evidence, judgment, appeals and enforcement. Urgent relief may be considered before those stages are completed.

Court fees and expenses

Fees are governed by federal or state rules and may be linked to the amount in dispute or the appeal. Additional expenses may include experts, translations, service, local diligence and security.

Fee shifting

The unsuccessful party may be ordered to pay statutory attorneys’ fees to opposing counsel under the Brazilian Code of Civil Procedure, subject to the circumstances of the case.

Foreign companies

Powers of attorney, corporate documents, translations and proof of authority should be organized early. Foreign documents may require an apostille or other formalities.

Strategy

Case assessment should consider available evidence, interim relief, settlement, enforcement risk, asset preservation and commercial impact.