The short answer is yes. Under the Brazilian Constitution and Law 13.445/2017 (the Brazilian Migration Law), foreigners have the same right to sue as Brazilian citizens. You do not need to be a resident, and you do not even need to be in Brazil when the lawsuit is filed. What you do need is a lawyer registered with the OAB (Brazilian Bar Association) and a valid Power of Attorney.
That said, Brazil uses a Civil Law system, not the Common Law you may know from the US, UK, Australia or Canada. That changes how cases are built, how evidence works, and how long everything takes. There is also one cost rule that catches almost every foreign plaintiff by surprise: the cost bond for non-residents.
This guide walks you through representation, real costs in reais, the different court tracks, and the exact documents you need to start a case in Brazil in 2026.
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Can a Foreigner File a Lawsuit in Brazil?
Yes. Under Law 13.445/2017 (the Brazilian Migration Law) and the Federal Constitution, foreigners have the same standing before Brazilian courts as nationals. You can sue whether you live in Brazil or abroad. The only firm requirement is that a Brazilian-registered lawyer files the case for you through the electronic court system.
There is no citizenship test and no residency test to access Brazilian justice. A German investor, a Portuguese business owner, or an American digital nomad all have identical rights to bring a claim over an unpaid invoice, a breached contract, a property dispute, or a consumer problem.
The practical hurdle is not your right to sue. It is the machinery of how Brazilian litigation works. Cases run almost entirely through electronic systems (PJe and similar platforms) that only licensed attorneys can access. You cannot represent yourself in most matters, and you cannot file directly from abroad. Your lawyer does everything in your name.
Important: Access to justice in Brazil does not depend on your visa status. Even a tourist or someone who has never set foot in Brazil can be a plaintiff, provided a local attorney represents them with a proper Power of Attorney.
For the bigger picture on how contracts and disputes work here, see our pillar guide on Contracts in Brazil for Foreigners.
Do You Need a Lawyer to Sue in Brazil?
In almost all cases, yes. Brazilian law requires a lawyer registered with the OAB (Ordem dos Advogados do Brasil) to file and conduct litigation. The single narrow exception is the Small Claims Court (Juizado Especial Cível) for claims up to 20 minimum wages, where you may act without an attorney, though it is rarely advisable for foreigners.
Even in Small Claims, once your claim exceeds 20 minimum wages (up to the 40-wage ceiling), a lawyer becomes mandatory. And because everything is in Portuguese, filed electronically, and governed by unfamiliar procedure, self-representation is a real risk for foreigners.
To authorize your lawyer, you sign a Power of Attorney (procuração). If you are abroad, this document usually must be:
- Signed before a notary in your country,
- Apostilled under the Hague Apostille Convention (Brazil is a member), and
- Translated into Portuguese by a sworn public translator (tradutor juramentado) once it reaches Brazil.
Tip: Ask your lawyer to send you a Portuguese Power of Attorney template early. Getting it notarized and apostilled in your home country is often the slowest step, so start it before anything else.
You can find OAB registration status and confirm any lawyer is licensed through the official OAB website.
How Much Does It Cost to File a Lawsuit in Brazil?
Court filing fees (custas judiciais) in Brazil are set at the state level and typically run between 1% and 4% of the claim value (valor da causa). In São Paulo, the initial fee is roughly 1% of the claim, with a minimum around R$ 250. On top of this you have attorney fees and, potentially, expert witness fees.
Litigation costs in Brazil break down into three main buckets:
1. Court Filing Fees (Custas Judiciais)
These are paid to the state court system, usually as a percentage of the claim value with a floor and a cap that vary by state. In São Paulo (TJSP) the initial fee is about 1% of the claim value with a minimum near R$ 250. In Rio de Janeiro (TJRJ), fees follow a state-specific cost table (Tabela de Custas). Additional payments arise at the appeal stage.
2. Attorney Fees (Honorários Advocatícios)
There are two kinds. Contractual fees (honorários contratuais) are what you privately agree with your lawyer, commonly 10% to 30% of the claim value, or a fixed or hourly rate. Loser-pays fees (honorários de sucumbência) are set by the judge under Article 85 of the Code of Civil Procedure (CPC), usually 10% to 20% of the judgment value, and are paid by the losing party to the winner’s lawyer.
3. Expert Witness Fees (Honorários Periciais)
If your case needs a technical expert (accounting, engineering, medical), the court appoints one and the fees can run into thousands of reais. Usually the party who requested the expertise advances the cost.
Example: Suppose you sue a Brazilian partner over an unpaid R$ 200,000 contract in São Paulo. Filing fees at roughly 1% would be about R$ 2,000. If you agree a 20% contractual fee with your lawyer, that is R$ 40,000 payable on success. If you win, the judge may also order the loser to pay you sucumbência fees of, say, 10% (R$ 20,000). If you lose, you would owe those same categories to the other side.
What Is the Cost Bond for Non-Resident Foreigners?
Under Article 83 of the Code of Civil Procedure (Lei 13.105/2015), a plaintiff who resides abroad, or who leaves Brazil during the case, and who owns no real estate in Brazil, must post a bond (caução). This security must be enough to cover the defendant’s court costs and attorney fees if you lose. It is the single most important cost rule for foreign plaintiffs.
In practice, a non-resident foreign plaintiff may have to deposit money with the court as a guarantee before or during litigation. The idea is to protect the Brazilian defendant: if the foreigner loses and disappears back home, the defendant can still recover costs from the bond.
The good news is that several exceptions remove this obligation:
- When a treaty or international agreement waives it,
- In enforcement actions based on an extrajudicial title (for example, a signed contract that already qualifies as an enforceable instrument),
- In counterclaims (when you are defending and countersuing).
Important: Foreigners who reside in Brazil, or who own property in Brazil, are generally exempt from the Article 83 bond. If you already have a home or an apartment here, this rule will usually not apply to you.
The size of the bond is decided by the judge, based on the likely court costs and attorney fees the defendant would face. Your lawyer will estimate this before you commit to the case, so there are no surprises mid-litigation.
Warning: Do not confuse the cost bond with the claim value. The bond is separate money set aside purely to guarantee the other side’s expenses. Budget for it early if you sue from abroad and own no Brazilian property.
Which Court Should You File In?
Brazil offers three main tracks for civil disputes. The Small Claims Court (Juizado Especial Cível) handles claims up to 40 minimum wages fast but with limited remedies. State Court (Vara Cível) handles the bulk of commercial cases with full remedies but takes years. Federal Court (Justiça Federal) is used when a federal entity or the Union is involved.
Option A: Small Claims Court (Juizado Especial Cível)
This is the fastest path, but strictly limited. It handles claims up to 40 minimum wages (a ceiling roughly in the R$ 56,000 range in 2026, depending on the current minimum wage). Up to 20 minimum wages you may act without a lawyer; above that a lawyer is required. Court fees are often waived at first instance, and hearings are simpler and quicker.
The trade-off: no complex expert evidence, limited appeals, and no fit for high-value commercial disputes. For a foreigner chasing a modest unpaid invoice, it can be efficient. For a R$ 500,000 breach, it is off the table.
Option B: State Court (Justiça Estadual, Vara Cível)
This is the default track for most commercial and contract litigation. It follows the ordinary civil procedure of the Code of Civil Procedure (CPC/2015). You get full remedies (damages, specific performance, injunctions, expert evidence) but you also get years of procedure, filing fees, mandatory legal representation, and full exposure to the loser-pays rule.
Option C: Federal Court (Justiça Federal)
You file here only when the dispute involves the Union, a federal agency, a federal public company, or certain matters reserved to federal jurisdiction. A private contract dispute between you and a Brazilian company almost never goes to Federal Court. Your lawyer will confirm jurisdiction before filing.
Before litigating, always check whether your contract has an arbitration clause. Under the Brazilian Arbitration Act (Lei 9.307/1996), a valid arbitration clause can force the dispute out of the courts and into private arbitration. Where you can, also revisit your governing law choice for the contract, which affects how the dispute will be judged.
How the Three Court Tracks Compare
The right forum depends on the claim value, the remedies you need, and whether a federal entity is involved. Small Claims is fast and cheap but capped at 40 minimum wages. State Court handles everything else but is slow. Federal Court is a niche track. The table below summarizes the practical differences for 2026.
| Feature | Small Claims (Juizado) | State Court (Vara Cível) | Federal Court |
|---|---|---|---|
| Claim value limit | Up to 40 minimum wages (~R$ 56,480) | No limit | No limit |
| Lawyer required | Only above 20 wages | Always | Always |
| Filing fees | Often waived at first instance | 1%-4% of claim value | Percentage-based |
| Expert evidence | Limited | Full | Full |
| Typical timeline | 6-18 months | 2-5+ years | 2-5+ years |
| Best for | Small unpaid debts, consumer issues | Contract and commercial disputes | Cases vs. federal government |
Note: The minimum wage changes each year, so the Small Claims ceiling moves too. Confirm the exact figure with your lawyer at the moment you file, as it directly decides which track is available.
How Long Does a Lawsuit Take in Brazil?
Realistically, a Small Claims case takes 6 to 18 months. An ordinary State Court case commonly runs 2 to 5 years or more, especially with appeals. Brazilian courts are known for slowness, so any lawyer promising a fast resolution on a complex commercial claim is not being honest with you.
A typical State Court case moves through these phases:
- Filing and service (citação): Weeks to months, longer if the defendant is hard to locate.
- Defense and reply: The defendant answers, you reply. Several months.
- Evidence phase (instrução): Witness hearings and expert reports. Often the slowest stage.
- Judgment (sentença): The first-instance decision.
- Appeals (recursos): To the state Court of Appeals (Tribunal de Justiça) and possibly to the higher courts. This can add years.
Tip: Ask your lawyer about interim relief (tutela de urgência). If you can show urgency and strong evidence, a judge may grant an early injunction, for example freezing assets, long before the final judgment. This can protect you while the case grinds on.
What Changed in 2026?
The core litigation framework in 2026 remains the Code of Civil Procedure of 2015 (Lei 13.105/2015) and the Civil Code (Lei 10.406/2002). No sweeping reform replaced them. The most relevant recent development for foreigners is continued Superior Court of Justice (STJ) guidance confirming that foreign-law and foreign-forum choices are respected within limits.
Brazilian courts continue to honor a foreign governing-law clause unless it violates Brazilian public policy, such as usury caps or mandatory labor protections. This matters if your contract chose, for example, New York or English law. The choice can hold up in a Brazilian court, but not against Brazil’s non-negotiable rules.
Electronic litigation has also matured. Nearly all filings now run through electronic platforms (PJe and equivalents), which speeds up the paperwork but does not shorten the substantive phases like evidence and appeals. The practical bottleneck remains the courts’ caseload, not the technology.
If your dispute involves enforcing a decision you already won abroad, that is a different route: the recognition process before the STJ. Read our dedicated guide on how to enforce a foreign judgment in Brazil. You can also confirm current procedural rules through the official Superior Court of Justice website.
Step-by-Step: How to Start Your Lawsuit in Brazil
Filing starts with hiring an OAB-registered lawyer and signing a Power of Attorney. Your lawyer then drafts the initial petition (petição inicial), calculates the claim value, pays the state filing fees, and submits everything through the electronic court system. From abroad, expect the document legalization steps to take the most time.
Documents you will typically need
- Valid passport or ID (RG for residents),
- CPF (the Brazilian taxpayer number, required even for many foreigners),
- A signed, apostilled and translated Power of Attorney (procuração),
- The contract or document underlying your claim,
- Proof of the facts: invoices, emails, receipts, bank records,
- Proof of address (comprovante de residência), yours or the defendant’s,
- The payment slip for court fees (guia de recolhimento).
The practical sequence
- Step 1: Hire a Brazilian lawyer and get a CPF if you do not have one.
- Step 2: Sign the Power of Attorney, apostille it in your country, and have it sworn-translated in Brazil.
- Step 3: Gather and translate the underlying documents. Foreign-language documents must be translated by a sworn public translator (tradutor juramentado).
- Step 4: Your lawyer drafts the initial petition, sets the claim value, and pays the filing fees.
- Step 5: The case is filed electronically. If Article 83 applies, arrange the cost bond.
- Step 6: The defendant is served, the phases begin, and your lawyer keeps you updated remotely.
Important: Every foreign document, the Power of Attorney and the evidence, generally needs both an apostille and a sworn Portuguese translation. Skipping either step is the most common reason foreign filings get delayed or rejected.
If your dispute is tied to a company you run in Brazil, remember that operating a business here requires a registered address for the CNPJ. Ribeiro Cavalcante can provide a fiscal address in Brazil for that purpose.
Frequently Asked Questions
Do I need to be a Brazilian resident to sue in Brazil?
No. Under Law 13.445/2017 (the Brazilian Migration Law), foreigners have the same standing before the courts as Brazilians, provided you have a local attorney and a valid Power of Attorney. Residency is not required to file. However, if you reside abroad and own no real estate in Brazil, Article 83 of the Code of Civil Procedure may require you to post a cost bond (caução) to secure the defendant’s potential costs. Residents and property owners are generally exempt from this bond.
Can I file the lawsuit from my home country?
Yes. You do not need to travel to Brazil to start litigation. The filing must be done by a Brazilian-registered lawyer through the electronic court system. You authorize this by signing a Power of Attorney (procuração), which you notarize and apostille in your country, then have translated into Portuguese in Brazil. Most of the case, including many hearings, can now be handled electronically, so your physical presence is rarely mandatory, though occasionally a personal hearing may be requested.
What happens if I lose the case?
Brazil follows the loser-pays rule (sucumbência). If you lose, you pay the other side’s attorney fees (typically 10% to 20% of the claim value under Article 85 of the Code of Civil Procedure), the court costs, and any expert witness fees. This is why the cost bond exists for non-resident foreigners: it guarantees the defendant can recover these amounts. Always ask your lawyer for a realistic risk assessment and total exposure figure before committing to litigation.
Do my foreign documents need to be translated?
Yes. Any document in a foreign language must be translated by a sworn public translator (tradutor juramentado) registered in Brazil. This applies to your Power of Attorney, contracts, invoices, and any evidence. Documents produced abroad also usually need an apostille under the Hague Convention before they are valid in Brazil. Budget for translation costs, which are charged per page and can add up when your evidence file is large. Your lawyer can recommend an accredited sworn translator.
How much money should I budget before filing?
Plan for four cost layers: state filing fees (roughly 1% to 4% of the claim value), contractual attorney fees (commonly 10% to 30%), sworn translation and apostille costs, and, if you are a non-resident with no Brazilian property, the Article 83 cost bond. For a mid-size commercial claim, upfront outlays can reach several thousand reais before you factor in the contingent risk of losing. Get a written cost estimate from your lawyer covering every layer before you decide.
Can I sue if my contract chose a foreign governing law?
Often yes. Brazilian courts generally uphold a foreign governing-law clause, following STJ guidance, unless it contradicts Brazilian public policy such as usury limits or mandatory labor protections. So a New York or English law clause can be respected here, but not against Brazil’s non-negotiable rules. Also check for an arbitration clause: under the Brazilian Arbitration Act (Lei 9.307/1996), a valid clause may require the dispute to be arbitrated privately rather than litigated in court.
Ready to File Your Lawsuit in Brazil? Get Bilingual Legal Help Now
Litigating in a foreign country, in a Civil Law system, in Portuguese, and from thousands of kilometers away is genuinely daunting. The cost bond, the apostille requirements, the loser-pays rule, and the multi-year timelines all catch foreigners off guard. But none of these are barriers when you have the right guidance from the start.
Our bilingual legal team at Ribeiro Cavalcante Advocacia represents foreign clients in Brazilian courts every day. We handle everything remotely: the Power of Attorney, the translations, the filing, the strategy, and clear updates in your language. Tell us about your dispute and we will give you an honest assessment of your options, costs, and chances.
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