Gringoes.com: Lawsuit from Brazil

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socalbrazilian
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Joined: 23 July 2012
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Topic: Lawsuit from Brazil
Posted: 23 July 2012 at 22:19

Hi Everyone,

I am sure i need to seek legal advice but thought i post this in case someone has experienced or heard of a similar case and know of its validity. I was born and raised in Brasil and now live in the U.S., been here for almost 20 years, legally, my dad lives in Brasil took me to a municipal court for financial support. Yeah, exactly my dad. I helped the guy until the point that i could not due to my own financial expenses and newborn son. Is this even possible, a court decision to make a son living in a difference county send his dad money living at his home country???

Any feedback is welcome, thanks.

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kevbo
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Joined: 23 January 2011
Location: Brazil
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Posts: 275

Posted: 23 July 2012 at 22:26

Surely not !!!

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nikkij12185
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Joined: 10 March 2009
Location: Brazil
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Posts: 1725

Posted: 24 July 2012 at 00:04

Parents (and I believe siblings) can sue for support. Elderly parents have the right to “ações de alimentos” which is like backwards childsupport and is determined by what the elderly person needs and how much the court determines the children can provide. You should talk to a lawyer.

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sven
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Joined: 14 March 2007
Location: Brazil
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Posted: 24 July 2012 at 07:46

Yes this is definitely possible. Did you get notified through a judge in the USA or did you know this through others?

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OldMiller
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Posted: 24 July 2012 at 08:48

OP, I don't think this would be enforceable outside of Brazil.
But let me ask a question: are you saying parents can sue their adult children for "support" under Brazilian law? I know that these laws exist in some countries, but I didn't know Brazil was one of them. Do you have a cite for this? Thanks.

"Curious that we elect incompetent politicians, then complain they're incompetent. Perhaps what we all need is more mirrors." - Neil Degrasse Tyson

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sven
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Posted: 24 July 2012 at 10:34

O do have a quite for that, but not now on my phone. It's the civil code.

The judgement in brazil is enforceable through the 1957/8 New York convention.

Edit: obviously non payment would make civil prison a likely possibility if he travels to Brazil.

Edited by sven - 24 July 2012 at 11:37

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sven
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Posted: 24 July 2012 at 11:25

Here's your quote:

Art. 1.696. O direito à prestação de alimentos é recíproco entre pais e filhos, e extensivo a todos os ascendentes, recaindo a obrigação nos mais próximos em grau, uns em falta de outros

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sven
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Joined: 14 March 2007
Location: Brazil
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Posted: 24 July 2012 at 11:36

Originally posted by nikkij12185

Parents (and I believe siblings) can sue for support. Elderly parents have the right to <span ="preto11t1"><span ="texto1">“ações
de alimentos” which is like backwards childsupport and is determined by
what the elderly person needs and how much the court determines the
children can provide. </span></span>You should talk to a lawyer.

This is indeed one of those cases where a lawyer might be needed. however, unless he's been served the papers in the US, by a (us) judge, he should probably do nothing except verifying the status of the process (finding the number is easy enough).

Untill he's been legally served in the US, the process can't continue, except if he contracts a lawyer that adds a power of attorney to the file. In that case he'd be considered served.

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OldMiller
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Joined: 31 May 2010
Location: United States
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Posts: 330

Posted: 24 July 2012 at 11:52

Thanks, Sven. I knew you would know that.

"Curious that we elect incompetent politicians, then complain they're incompetent. Perhaps what we all need is more mirrors." - Neil Degrasse Tyson

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GGTrek
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Joined: 16 February 2008
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Posts: 111

Posted: 24 July 2012 at 11:53

Originally posted by sven

O do have a quite for that, but not now on my phone. It's the civil code.

The judgement in brazil is enforceable through the 1957/8 New York convention.

Edit: obviously non payment would make civil prison a likely possibility if he travels to Brazil.

Sven are you sure that the 1958 New York convention can be used?
http://www.newyorkconvention1958.org/
It is about enforcement of Foreign Arbitral Awards and not Foreign Judgements.

Even if served in the US, if the defendant is resident in the US, the Brazil court has no jurisdiction and if the plaintiff will try to enforce the Brazil judgement in the US, any US court would probably dismiss the enforcement. This is not a child support case and in many US states there is no filial responsibility law, so even if the defendant is sued in the US (very costly for a supposedly poor plaintiff) I doubt the parent would have any chance of winning.

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