A creditor, Brazilian or foreign, can collect a debt in Brazil by negotiating, by protesting the debt at a notary’s office, or in court. In court, the fastest route is enforcement: if the document is an executive title under the Code of Civil Procedure (CPC, art. 784), the debtor is summoned to pay within 3 days. Without such a title, the creditor can file a monitory action or an ordinary claim. Time limits usually run from 3 to 5 years.
Below is how each route works, what changes when the creditor or the document comes from abroad, and what to gather before starting.
Step 1: negotiation and protest
Most collections start out of court, with a formal demand and a proposal. If the debtor does not pay, the creditor can protest the debt at a notary’s office. Protest is the formal act that proves default on obligations arising from credit instruments and other debt documents (Law 9,492/1997, art. 1). It puts public pressure on the debtor and, for credit instruments, interrupts the limitation period (Civil Code, art. 202, III).
Step 2: which court route fits the document
| What the creditor has | Route | How it works |
|---|---|---|
| Executive title: bill of exchange, promissory note, duplicata, cheque, public deed, private document signed by the debtor and two witnesses, contract secured by mortgage or pledge, among others | Enforcement (execução) | No prior trial on the merits. The debtor is summoned to pay within 3 days (CPC, arts. 784 and 829) |
| Written evidence without executive force: e-mails, unsigned invoices, purchase orders, statements | Monitory action (ação monitória) | If the right is evident, the judge orders payment within 15 days (CPC, arts. 700 and 701) |
| No written evidence, or a disputed debt | Ordinary claim | Full proceedings; after judgment, the debtor has 15 days to pay (CPC, art. 523) |
| Foreign court judgment | Recognition by the Superior Court of Justice (STJ) | The decision only takes effect in Brazil after recognition (CPC, art. 961; Constitution, art. 105, I, i) |
In enforcement and after judgment, the creditor can ask the judge to freeze money held in the debtor’s bank accounts and investments, without prior notice to the debtor (CPC, art. 854). See our guide on SISBAJUD bank freezes.
Foreign creditors and foreign documents
- Foreign executive titles do not need recognition to be enforced in Brazil, but only have executive force if they meet the formal requirements of the place where they were signed and name Brazil as the place of performance (CPC, art. 784, §§ 2 and 3).
- Language: court proceedings are conducted in Portuguese. A document in a foreign language must be filed with a sworn translation or a version obtained through diplomatic channels or the central authority (CPC, art. 192).
- Security for costs: a plaintiff living outside Brazil without real estate in the country must post security for costs and the other party’s attorney fees (CPC, art. 83). This does not apply to enforcement of an extrajudicial title, to enforcement of a judgment, or where a treaty waives it (art. 83, § 1).
Time limits
The Civil Code sets 5 years to collect liquid debts stated in a public or private instrument (art. 206, § 5, I) and 3 years to collect on a credit instrument, from its due date, unless a special law provides otherwise (art. 206, § 3, VIII). Interruption happens only once (art. 202). Checking the dates is the first task in any file.
What to gather before starting
- The contract, invoices and credit instruments, with signatures and any collateral or sureties.
- Debtor details: full name, Brazilian tax ID (CNPJ or CPF) and address.
- Amount and calculation: principal, interest, penalties and the contractual basis for each.
- Correspondence: demands sent, replies, acknowledgments of debt and partial payments.
- Power of attorney for a Brazilian lawyer, with the formalities required for documents signed abroad.
Frequently asked questions
Can I collect in Brazil based on a contract signed abroad?
Yes. If it qualifies as an executive title, meets the requirements of the place of signature and names Brazil as the place of performance, it can be enforced directly (CPC, art. 784, §§ 2 and 3). Otherwise, the monitory action or an ordinary claim applies.
Do I need to travel to Brazil?
Usually not. A Brazilian lawyer acts under a power of attorney, and documents are filed electronically.
Is protest mandatory before going to court?
No. It is an option that often speeds up payment and interrupts the limitation period for credit instruments.
Talk to a lawyer
Each case depends on the document, the dates and where the debtor’s assets are. See our work in business law and international law, schedule a call with a lawyer or message us on WhatsApp.
Sources: Code of Civil Procedure, arts. 83, 192, 523, 700, 701, 784, 829, 854 and 961; Civil Code, arts. 202 and 206; Law 9,492/1997, art. 1; Federal Constitution, art. 105, I, i. For information only; this does not replace advice on a specific case.
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