Marcello Benevides Advogados Associados is a Brazilian law firm for U.S. attorneys whose clients have a matter in Brazil. We handle the Brazilian side of the case. That covers U.S. judgments, assets and probate in Brazil, Hague cases, real estate, service and evidence. You stay counsel on U.S. law, and we report to you in English.
A client with assets, family or a case in Brazil?
Send us a short summary. We reply in English with the Brazilian route, the documents needed and a written fee proposal to your client.
When does a U.S. attorney need a Brazilian law firm?
Whenever part of the case must happen in Brazil. For example, the client may own assets in Brazil or need a U.S. judgment to take effect there. A child or parent may live in Brazil, or the client may buy property. In many of these situations, Brazilian law gives its own courts or notaries exclusive authority.
Only Brazilian authorities can handle the probate of assets in Brazil (Code of Civil Procedure, art. 23, II). Likewise, only Brazilian courts can divide Brazilian property in a divorce (art. 23, III). So even a complete U.S. case may still need a Brazilian law firm to finish the job.
Can a U.S. decree divide property located in Brazil?
No. In a divorce, only Brazilian courts can divide property located in Brazil (Code of Civil Procedure, art. 23, III). In addition, Brazil does not recognize foreign decisions on matters of its exclusive jurisdiction (art. 964). Therefore, the Brazilian assets need their own procedure in Brazil.
In practice, this rarely means a new contested case. When the spouses agree, the partition of Brazilian assets can follow the terms already negotiated in the U.S. case. We draft that step so it matches your settlement, and we keep you informed in English.
A settlement or decree that assigns Brazilian real estate does not transfer it by itself. If the Brazilian step is planned before the U.S. case closes, the parties avoid a second negotiation and new costs in Brazil.
Have a client matter with a Brazilian component? Send us a two-line summary.
How is a U.S. judgment recognized in Brazil?
Most foreign judgments only take effect in Brazil after the Superior Court of Justice, the STJ, recognizes them (Code of Civil Procedure, art. 961). A consensual divorce is the main exception. In that case, the Brazilian civil registry records it directly, without the STJ (art. 961, § 5).
Custody rulings, support orders and contested divorces usually need STJ recognition. We prepare the request with the apostilled decree and its sworn translation, and we follow it until the decision. For family cases, see our page for foreigners with family matters in Brazil.
How do you serve process or collect evidence in Brazil?
Through the Hague Conventions, which both countries have joined. Brazil adopted the Hague Service Convention through Decree 9,734/2019. It also adopted the Hague Evidence Convention through Decree 9,039/2017. Requests travel between the Central Authorities, and a Brazilian law firm can follow them locally.
A request with errors in translation or addresses can come back months later. We review the documents before they are sent, confirm addresses in Brazil and follow the request locally. Likewise, child support cases run under the 2007 Hague Child Support Convention (Decree 9,176/2017).
Free tool · for attorneys
Which Brazilian procedure does your matter need?
Choose what your client needs in Brazil. See right away the Brazilian route, the legal basis and the documents to start.
General guidance on Brazilian law. It does not replace the analysis of the case.
How does working with us as co-counsel work?
You keep the client relationship and the U.S. case, and we handle the Brazilian side. First, you send a summary. Then we reply with the Brazilian route and the documents. Next, the client receives our written fee proposal directly. Finally, we act in Brazil and report to you in English.
We agree fees with the client, so there is no fee-sharing between firms. With the client’s authorization, we copy you on every update. We are Brazilian attorneys and advise only on Brazilian law; we do not practice U.S. law.
Which other matters can our Brazilian law firm take on?
Besides family and judgment matters, we handle estates and real estate for clients who live abroad. That includes Brazilian probate with heirs in the U.S. and property deals by non-residents. We also write explanations of Brazilian law for U.S. courts, for example under Federal Rule of Civil Procedure 44.1.
For details, see our guides on inheritance and asset protection in Brazil, our Brazilian real estate lawyer services and Hague abduction cases.
Free assessment · 4 questions
What do we need to start on your client’s matter?
Answer below and see the next step right away. Then receive the full intake checklist on WhatsApp.
1. Practice area of the matter:
2. Where is your client?
3. Is there a deadline?
4. Are the documents in Portuguese?
Our firm has contributed to and been interviewed by
Frequently asked questions from U.S. attorneys
Can a U.S. divorce decree divide real estate located in Brazil?
No. Only Brazilian courts can divide property located in Brazil in a divorce (Code of Civil Procedure, art. 23, III). Brazil does not recognize a foreign decision on matters of its exclusive jurisdiction (art. 964). The Brazilian assets need a separate procedure in Brazil, often by agreement.
Can a U.S. probate court distribute assets located in Brazil?
No. Only Brazilian authorities can handle probate and partition of assets located in Brazil (Code of Civil Procedure, art. 23, II). The rule applies even if the deceased was a foreigner or lived abroad. The heirs need a Brazilian inventário, in court or before a notary.
How is a U.S. judgment recognized in Brazil?
Most foreign judgments need recognition by the Superior Court of Justice (STJ) to take effect in Brazil (Code of Civil Procedure, art. 961). A consensual divorce is the main exception. The Brazilian civil registry records it directly (art. 961, § 5).
How do I serve process or obtain evidence in Brazil?
Both countries are parties to the Hague Service Convention (in Brazil, Decree 9,734/2019) and the Hague Evidence Convention (Decree 9,039/2017). Requests go through the Central Authorities. We help prepare the documents and follow the request in Brazil.
Can child support be collected from a parent living in Brazil?
Yes. Both countries are parties to the 2007 Hague Convention on the International Recovery of Child Support. Brazil adopted it through Decree 9,176/2017. Requests usually run through the Central Authorities of both countries.
Do you practice U.S. law?
No. We are Brazilian attorneys admitted to the Brazilian Bar (OAB) and advise only on Brazilian law. You remain counsel on U.S. law and on the U.S. proceedings; we handle the Brazilian side of the case.
How are fees handled?
We send a written fee proposal directly to the client and agree fees with the client. As a result, there is no fee-sharing between firms. You stay informed and copied on the case, as the client authorizes.
Can you write an explanation of Brazilian law for a U.S. court?
Yes. We prepare written explanations of Brazilian statutes and procedure for U.S. proceedings. For example, a court may need them to determine foreign law under Federal Rule of Civil Procedure 44.1.
Do you work in English?
Yes. Our team assists you in English by email, video call and WhatsApp. Brazilian court filings and deeds are in Portuguese, and we send you English summaries of each step.
Where are you located?
Our office is in Barra da Tijuca, Rio de Janeiro, and we act throughout Brazil, in person or online. The U.S. Mission Brazil attorney lists include our firm for the Rio de Janeiro and São Paulo consular districts.
What our clients say
Verified Google reviews
Translated from Portuguese, except Geir Holler’s review, written in English. Originals are on our Google profile.
“Great service, very responsible and professional assistance. Marcello Benevides Legal Advice were my lawyers during acquisition of a penthouse apartment in Rio. They assisted me with all aspects of the due diligence, final negotiation, contracting and registration of the apartment. I felt very reassured well taken care of in the entire process. My very best recommendations.”
Geir Holler
“Great firm. Excellent and efficient professionals. I received all the legal assistance I needed, especially in my case, since I am outside Brazil, and my case was successfully concluded. Special thanks to Felipe, who followed my case with attention and replied promptly.”
Andrey Guerra
“Super professional team. I live in Europe and needed to register with the Brazilian Football Confederation (CBF) as an intermediary. I contacted the firm and they solved everything for me, along with all the advice on contracts. Thank you for the work.”
Robisnei Dos Reis
“Highly qualified professionals who handled my case with excellence. Special thanks to Dr. Maria Helena, who masterfully gave me all the support I needed.”
Priscila Barbieri
“I found Dr. Marcello just by searching the internet. I needed his help in two real estate matters involving inherited properties that had to be regularized and vacated, and he and Dr. Maria Helena handled them masterfully. Very happy with the result; it took a while, but I know that was due to court bureaucracy.”
Alex Brittes
“Excellent service in Family Law. The attorney is extremely competent, attentive and transparent at every stage of the process. I felt completely confident in the work done.”
Nathalia Nogueira
Your Brazilian co-counsel, reporting in English
Send us the matter. We reply with the Brazilian route and send a written fee proposal to your client.
About the authors
Marcello Benevides
Attorney · OAB/RJ 143.711 · Founding partner
More than 20 years of practice in estates, holdings, real estate and asset protection. MBA in Holding and Corporate Planning (EBPÓS) and graduate studies in Business Law (AVM/Cândido Mendes). Member of IBDFAM.
Maria Helena Seabra, Esq.
Attorney · OAB/RJ 210.129 · Family Law, Estates and International Family Law
Graduate studies in Family and Estate Law (PUC-Rio), International Law (EBPÓS) and Civil Law and Civil Procedure (Cândido Mendes). Member of IBDFAM.
