Lawyer. Partner at Advocacia Velloso. LL.M. Columbia Law School. Talks about transnational litigation and recognition & enforcement of foreign judgments/awards.
According to the court, recognition and enforcement of foreign judgments should only be granted when there is a clear utility or legitimate interest in such a request. Otherwise, the application for recognition and enforcement would amount to a futile measure.
On February 2, 2022, the Brazilian Superior Court of Justice denied recognition and enforcement to a Cayman Islands money judgment that had been already satisfied by the judgment debtor.
Those questions shall be answered in due time. For now, the ruling demonstrates Brazilian court’s utmost respect for private international law principles and provides greater predictability and certainty in relation to the recognition and enforcement of foreign judgments [6/6]
On February 2, the Brazilian Superior Court of Justice held — for the very first time — that the public policy exception does not proscribe the recognition or enforcement of a foreign punitive damages judgment. [1/6]
#enforcement#foreignjudgment#STJ#homologação
Moreover, should the court be allowed to reduce the punitive damages to a reasonable amount? Does the excessiveness of the punitive damages constitute an impediment to the enforcement of the foreign judgment? [5/6]
Help! I've gotten sucked into the podcast vortex (limited series only -- kinda like the Watchmen). Give it a listen; several episodes forthcoming! https://t.co/hVGGvYB9w1