Thus, any decision rendered by a Foreign Court will only be effective after due review by the Competent Court.
The competence for this type of action is the STJ (Superior Court of Justice).
Note:
1) International law or treaty may facilitate or dispense with the ratification of a foreign judgment or the granting of exequatur. Ex: the foreign judgment of consensual divorce takes effect in Brazil, regardless of approval by the STJ (§ 5 of art. 961 of CPC 2015). Thus, the New Code of Civil Procedure no longer requires the recognition of the decision rendered abroad for these cases specifically, provided that they are final and unappealable, according to the understanding already summarized - Precedent 420-STF: A sentence rendered abroad without proof of the and res judicata".
On the other hand, Portugal, in its article No. 978 of the Code of Civil Procedure, states that: “Without prejudice to what is established in treaties, conventions, regulations of the European Union and special laws, no decision on private rights, rendered by a foreign court , it is effective in Portugal, whatever the nationality of the parties, without being reviewed and confirmed...(our emphasis).
Thus, it is necessary to review the Foreign Judgment in Portugal so that only then, it produces legal effects in the same way as the country where such decision was rendered. Afterwards, changes relating to the status and civil capacity of the Portuguese may be transcribed in their seats.
Since the plaintiff is domiciled abroad, the referred action will have the competence of the Court of Appeal of Lisbon, as established in article nº 80 of the referred legal provision.
a) That there be no doubts about the authenticity of the document that contains the sentence or about the intelligence of the decision;
b) That it has become final under the law of the country in which it was handed down;
c) That it comes from a foreign court whose jurisdiction has not been caused by fraud against the law and does not deal with a matter of the exclusive jurisdiction of the Portuguese courts;
d) That the exception of lis pendens or res judicata on the basis of the case cannot be invoked before a Portuguese court, unless it was the foreign court that prevented the jurisdiction;
e) That the defendant has been regularly summoned for the action, under the law of the country of the court of origin, and that the principles of adversary proceedings and the equality of the parties have been observed in the process.
f) That does not contain a decision whose recognition leads to a result manifestly incompatible with the principles of the international public order of the Portuguese State.
Note:
1) Judgments rendered in State actions or registration decreed in Cape Verde or São Tomé and Príncipe, relating to Portuguese or nationals of these States, are not subject to review and confirmation, and are registered directly in their respective seats.
2) With the entry into force on 1 March 2001 of Regulation (EC) No. 1347/2000 of the Council, of 29 May 2000, repealed by Regulation (EC) No. 2201/2003 of the Council of 27 November 2003 and the latter amended by Regulation (EC) No. 2116/2004 of the Council of December 2, it is no longer necessary to review and confirm decisions on matrimonial matters by Courts of European Union countries.
3) Decisions in parental matters, subject to the regime of Regulation (EC) No. 2201/2003 of the Council of 27 November 2003, must be declared enforceable under the terms of article 28 of this Regulation.
The information provided above is illustrative and merely illustrative, and the specific case should be analyzed in isolation.
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