Recognition of Brazilian court judgments in Belarus: step-by-step guide for business


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How to enforce a Brazilian court judgment for business disputes in Belarus: procedure, costs, and practical tips.

Recognition of a Brazilian court judgment in Belarus is a legal procedure through which a Belarusian court confirms the binding force of a foreign decision and authorises its enforcement on Belarusian territory. For businesses involved in cross-border disputes between Brazil and Belarus, this procedure is often the only way to actually recover debts or enforce contractual obligations when the debtor's assets are located in the Republic of Belarus.

Do Belarus and Brazil have a bilateral treaty on mutual recognition of judgments?

As of the date of this publication, Belarus and Brazil do not have a bilateral treaty on the mutual recognition and enforcement of court judgments in civil and commercial matters. This is a critical factor that significantly complicates the procedure.

Belarus is not a party to any multilateral convention with Brazil on mutual recognition of civil judgments. It is important to note that the New York Convention of 1958, which enables recognition of arbitral awards, does not apply to ordinary state court judgments. Therefore, for a Brazilian court judgment (as opposed to arbitral award), the enforcement procedure relies exclusively on national law.

What law governs the recognition procedure in Belarus?

Since 1 January 2026, civil procedure in Belarus is governed by the Code of Civil Procedure. Under Chapter 47 of the Code of Civil Procedure, recognition and enforcement of foreign court judgments in Belarus requires the creditor to file a petition with the competent economic court at the place of residence or location of the debtor, or at the location of the debtor's assets in the Republic of Belarus.

The Belarusian court examines whether formal requirements are met and whether grounds for refusal exist. It does not re-examine the merits of the dispute. Grounds for refusal include: the judgment has not entered into force under the law of Brazil; the debtor was not properly notified of the proceedings; the judgment contradicts a Belarusian court decision in the same dispute; recognition would violate the public order of Belarus; or enforcement is not supported by a treaty.

What documents are required to file a petition in Belarus?

Document

Requirements

Original or certified copy of the Brazilian court judgment

Must be certified by the issuing court; translation into Russian required

Certificate confirming the judgment has entered into force

Issued by the Brazilian court; apostilled

Proof that the debtor was notified of the Brazilian proceedings

Service of process records; translation required

Apostille (for Brazilian documents)

Brazil is a member of the Hague Convention of 1961; apostille accepted by Belarus

Certified Russian translation of all documents

Performed by a sworn translator or notarised in Belarus

Proof of payment of state duty

Amount determined by Belarusian court under Code of Civil Procedure provisions

A key advantage in this procedure is that Brazil is a party to the Hague Convention of 1961 on the Abolition of the Requirement of Legalisation for Foreign Public Documents. This means that Brazilian court documents can be apostilled rather than going through the more complex consular legalisation process, which saves both time and costs.

Can a Brazilian arbitral award be enforced in Belarus under the New York Convention?

Yes. If the dispute was decided by an arbitral tribunal (not a state court), the New York Convention of 1958 applies. This route is generally more predictable than enforcing state court judgments.

Is it worth pursuing recognition if the treaty basis is unclear? 

It depends on the size of the claim and the location of the debtor's assets. In high-value disputes, recognition proceedings remain worthwhile even without a treaty, provided the document package is properly prepared.

About the Firm

«Economic Disputes» is a Minsk-based B2B law firm founded in 2019, with offices also in Grodno. Our team of 15 attorneys and specialists, each with 15–25 years of experience, has assisted over 2,000 clients and recovered or protected assets worth more than BYN 1.95 billion. Our СЕО Sergei Belyavsky spent 10 years as a judge in economic courts and is a recommended arbitrator of the IAC at the BelCCI. We work in Russian, English, and Polish, and maintain a partner network spanning 160+ countries.

If your business needs legal support for the recognition of a Brazilian court judgment in Belarus, submit your request – we will propose a realistic action plan.

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