📜 Origin of Private International Law
Private International Law arose from the need to resolve conflicts of laws between peoples of different States and to determine which legislation should be applied when there is a foreign element in a legal relationship—such as nationality, domicile, or place of contract.
🔹 In Antiquity, discussions began regarding the application of laws from different territories. Rome already distinguished between jus civile (law of citizens) and jus gentium (law applicable to foreigners).
🔹 In the Middle Ages, jurists such as Bartolo and Baldo formulated the Theory of Statutes, which sought to resolve conflicts between local customs.
🔹 In the Modern Age, with the strengthening of States, the principles of comitas gentium (courtesy among nations) emerged.
🔹 In the Contemporary Age, authors such as Savigny systematized the branch, which took on a scientific and autonomous character, identifying the applicable law according to the "center" of the legal relationship.
🔹 In Brazil, Private International Law is applied primarily in accordance with the Law of Introduction to the Norms of Brazilian Law (LINDB) and various international treaties.
⚖️ Thus, Private International Law remains essential for respecting the sovereignty of States and for legal certainty in international relations in an increasingly connected world.
💼 Our law firm specializes in Private International Law, offering legal solutions for clients dealing with transnational issues. Contact us and find out how we can help.
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📃 Regulatory Agencies and Their Functions in Foreign Trade
When we talk about importing and exporting, it's not enough to just deal with customs issues. Besides the Federal Revenue Service, there are other agencies that can authorize or regulate the entry and exit of goods in Brazil. Many operations depend on the authorization of these regulatory agencies, responsible for analyzing and releasing products that require special regulation.
📌 What are they?
They are public administration entities that verify whether goods meet Brazilian standards for safety, health, environment, and consumer protection.
🔎 Some examples of regulatory agencies:
ANVISA → products related to health, medicines, cosmetics, and food.
MAPA → products of animal and plant origin.
IBAMA → goods that impact the environment.
Army, Federal Police, and others → controlled products, such as weapons and specific chemicals.
⚠️ Why does this matter to your company? A correct understanding of regulatory agencies avoids fines, delays in the release of goods, and even the seizure of cargo.
💼 Specialized legal support ensures greater security and efficiency in your foreign trade operations, preventing any customs problems.
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🇧🇷 Brazilian Nationality: How is it acquired?
Nationality is the legal bond that links a person to a State and guarantees civil and political rights and duties.
In Brazil, nationality can be original or derived, as provided for in Article 12 of the 1988 Federal Constitution or in accordance with Law 13.445 of 2017, and adopts the following acquisitions:
• Jus Solis: Nationality granted to individuals born in its territory.
• Jus Sanguinis: Nationality of ancestors, regardless of where they are born.
• Naturalization: Manifestation of the foreigner's interest in obtaining nationality after fulfilling certain requirements. It will depend on the discretionary act of the State.
🔹 Primary or Original Nationality (jus solis and jus sanguinis):
Acquired at birth. The following are native-born Brazilians:
• Those born in Brazilian territory, even if of foreign parents, unless they are serving their country;
• Those born abroad to a Brazilian father or mother, provided that either parent is serving the country;
• Those born abroad to a Brazilian father or mother, provided that they are registered at a consular office or come to reside in Brazil and opt for Brazilian nationality.
🔹 Secondary or Derived Nationality (naturalization):
Granted through naturalization, which may fall under the following conditions:
• Ordinary: for foreigners residing in Brazil for more than 4 years (reduced period in specific cases);
• Extraordinary: for those who have resided in Brazil for more than 15 uninterrupted years and without a criminal record.
⚠️ Loss or reacquisition of nationality is also foreseen in exceptional cases, such as the voluntary acquisition of another nationality (except for legal exceptions).
💼 If you have questions about your specific case or wish to regularize your immigration or nationality status, please contact us.
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📃 Foreign Trade Regulations vs. International Trade Regulations
Despite common confusion, they deal with distinct regulatory spheres, with relevant practical consequences for companies operating in the global market.
🔹 What are Foreign Trade Regulations?
Foreign trade regulations pertain to a country's internal legal framework. They are laws, regulations, and public policies that control the import and export of goods, services, and capital.
In Brazil, these regulations cover:
Customs laws (Customs Regulations);
Taxes levied on foreign trade (II, IPI, PIS/COFINS-importation);
Special regimes (drawback, customs warehouse, RECOF);
Regulations of the Federal Revenue Service (MAPA, ANVISA, BACEN);
Policies to incentivize exports and control foreign exchange operations.
🔹 And what about International Trade Rules?
International trade rules are supranational or multilateral in nature, aimed at regulating trade relations between countries or between companies from different jurisdictions.
These include:
International treaties and agreements (WTO – World Trade Organization);
International conventions (CISG – Vienna Convention on Contracts for the International Sale of Goods);
Standardized contractual clauses (Incoterms);
International arbitration rules;
Principles of International Law, which determine jurisdiction and applicable law in transnational disputes.
⚖️ Why does this distinction matter in practice?
Companies operating internationally need to deal simultaneously with:
✔️ Internal requirements of the country of origin and destination (Foreign Trade);
✔️ International contractual and regulatory obligations (International Trade). A lack of understanding of this duality can lead to:
❌ Tax or customs penalties;
❌ Invalidity of contractual clauses.
💼 We offer comprehensive legal advice for companies wishing to import, export, or enter into international contracts.
📍Street Duque de Caxias, 450, sala 811, Centro, Uberlândia, Minas Gerais - Brasil
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👰🏻♀️🤵🏻♂️ International Marriage: How does it work for foreigners in Brazil and Brazilians abroad?
In times of global mobility, marriage between people of different nationalities or in different countries is increasingly common. But did you know that marriages between Brazilians and foreigners, performed inside or outside the country, have specific rules to be valid in Brazil?
🇧🇷 Marriage of a foreigner in Brazil:
A foreigner can marry in Brazilian territory, provided they present documents required by law, such as a birth certificate or proof of marital status, translated by a sworn translator and registered. The process follows the same procedures as a regular civil marriage, with registration at the Civil Registry office.
🌍 Marriage of a Brazilian Abroad:
Brazilians who marry outside the country need to register their marriage in Brazil, either at the local Brazilian consulate or directly at a registry office in Brazil, upon their return. This is fundamental to guarantee the legal effects of the marriage in Brazil, such as the division of assets, alimony, inheritance, among others.
⚖️ Why is it important to legalize your marriage?
In addition to guaranteeing official recognition of the union, legalizing an international marriage ensures civil, property, and inheritance rights. It also avoids impediments in future legal acts—such as joint property purchases, inclusion in health insurance plans, and even immigration processes.
💼 Each case requires attention to legal details, considering the country where the marriage took place, the property regime adopted, and the applicable legislation.
If you are Brazilian and married abroad, or if you are a foreigner and want to formalize your marriage in Brazil, seek specialized legal advice from our firm.
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✈️ Migration Processes: Much More Than Just Displacement!
Migration processes are social phenomena characterized by the movement of individuals or groups between different territories, whether internally or internationally.
Migration flows profoundly impact societies of origin and destination, influencing economic, cultural, demographic, and political aspects.
🔎 Possible causes of migration:
• Search for better job and income opportunities;
• Escape from conflicts, persecution, and human rights violations;
• Natural disasters and climate change;
• Quality of life, family issues, and access to education.
⚖️ Immigration Law is the branch of law that regulates the entry, stay, residence, and naturalization of foreigners in national territory, as well as the protection of the fundamental rights of people in international mobility. In Brazil, this field is mainly governed by the Migration Law (Law No. 13,445/2017), Decree No. 9,199/2017, and several complementary regulations.
In migration processes, each demand has specificities that need to be rigorously analyzed, whether in the search for visas, residence permits, or the regularization of migratory situations.
📄 Among the main services we offer, the following stand out:
• Assistance with obtaining temporary and permanent visas (work, study, business, investment, family reunification);
• Consulting and representation in residence permit processes for nationals of Mercosur countries, qualified professionals, and investors;
• Representation in administrative immigration regularization processes;
• Assistance in naturalization processes;
• Technical defense in administrative sanctioning procedures;
• Guidance in Brazilian nationality recognition processes.
💼 Each case is unique and requires meticulous analysis. Contact us and schedule a consultation!
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📑 International Contracts: Legal Security Beyond Borders
In an increasingly globalized world, companies and entrepreneurs are expanding their businesses beyond territorial boundaries. In this scenario, international contracts become essential instruments to guarantee clarity, predictability, and legal security in commercial relations between parties from different countries.
⚖️ Private International Law comes into play precisely to answer questions such as:
• Which legislation applies to the contract?
• Which court will have jurisdiction in case of a dispute?
• How to ensure that a judicial or arbitral decision is recognized and enforced abroad?
📌 A well-drafted international contract should consider all these aspects, including specific clauses on jurisdiction, choice of applicable law, and effective dispute resolution methods, such as international arbitration.
💼 Our firm is prepared to advise your company on the drafting, review, and negotiation of international contracts, always focusing on protecting your interests and complying with applicable legal standards.
Contact us and find out how we can help you internationalize your business with legal security!
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📜 Understand what a Letter Rogatory is and how it can help in your case!
A letter rogatory is a legal instrument used when it is necessary for a procedural act to be carried out in another country. In other words, it is a formal request made by a judge of one country for the authorities of another country to carry out a specific action, such as hearing a witness, serving a summons, or delivering a subpoena.
The process of sending and receiving letters rogatory requires great care, technical knowledge, and correct adaptation to the legislation of both countries involved. Therefore, it is essential to have a lawyer specializing in International Law to ensure that your rights are preserved.
🔑 Main points about Letters Rogatory:
• They are essential in international proceedings;
• They guarantee legal cooperation between different nations;
• They are used in cases where the parties involved or the evidence are in different countries.
🔍 Do you know the difference between a Letter Rogatory and a Letter of Request?
Although the names are similar, these two legal tools have distinct purposes:
✉️ Letter of Request: Used within the national territory, when a judge requests the performance of a procedural act (such as a summons or notification) in another district or city in Brazil. It is a request for assistance between courts of the same country.
✉️ Letter Rogatory: A letter of request is used in international proceedings, when it is necessary for a procedural act to be carried out in another country. That is, it is a request for assistance between countries, usually to hear witnesses or carry out investigations abroad.
💼 If you are involved in a process that requires the use of a letter of request, our office is prepared to guide you and take care of the entire procedure with the attention your case deserves.
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📄 Recognition of Foreign Judgments in Brazil: What is it and why is it so important?
Did you know that a court decision issued outside of Brazil does not automatically have legal effect in our country? For this judgment to produce legal effects here, it needs to go through a process called recognition, done exclusively by the Superior Court of Justice (STJ).
🔹But what does this mean in practice?
Recognition of a Foreign Judgment is the STJ's acknowledgment that a decision issued by a foreign court meets the legal requirements to be valid in Brazil. In other words, it is the "seal of validity" that allows the judgment to produce effects here.
🔹When is it necessary?
Whenever the decision issued abroad needs to produce legal effects in Brazil. Common cases include:
💔 International divorce (except simple and consensual divorce)
👶 Child custody, visitation, and child support
👨👧 Paternity recognition or contestation
💰 Debt collection or compensation claims
🏠 Division of assets located in Brazil
👨👩👧👦 Adoption or other Family Law matters
🔹Why isn't simply presenting a foreign judgment in Brazil enough?
Because each country has its own legislation, procedural system, and judgment criteria. Recognition and homologation ensures that the decision respects the principles of the Brazilian legal system and does not infringe on national sovereignty.
⚖️ If you have a foreign judgment and need it to be legally valid in Brazil, it is essential to have specialized legal support, and we at Rigueti & Valenzuela International Law Firm can assist you.
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In a globally integrated market environment, companies of all sizes face opportunities and challenges in international trade. It is in this context that two branches of law stand out: Private International Law and Customs Law.
🌐 When we talk about importing and exporting goods, we are dealing with a series of legal norms that regulate the international transit of goods. Customs regulations address, for example, tariff classification, customs value, the origin of products, the payment of taxes, and compliance with specific regulatory requirements for the entry or exit of goods from the country.
⚖️ Private International Law comes into play when there is a need to determine which legislation applies to operations involving more than one jurisdiction, which court is competent to resolve any disputes, and how to address the differences between the legal systems involved.
The interaction between these two branches is fundamental to ensuring:
🔹The regularity and security of import and export operations;
🔹The correct contractual structuring with suppliers, logistics partners, and international clients;
🔹The prevention of litigation related to taxes, trade barriers, or customs sanctions;
🔹Compliance with international treaties and conventions.
💡 Understanding this relationship is essential for any company that wants to grow strategically in the global market. More than a legal requirement, it is a competitive advantage based on compliance, predictability, and legal efficiency.
💼 Our team is prepared to guide your company through the complexities of international trade, guaranteeing complete legal support in customs and international areas. Avoid risks, reduce costs, and gain security to expand your business beyond borders.
Contact us and find out how we can help.
📍Street Duque de Caxias, 450, sala 811, Centro, Uberlândia, Minas Gerais - Brasil
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Do you know the difference between Private International Law and Public International Law?
They are two branches of law that deal with international issues, but with different approaches. Here are the main differences between them:
⚖️ Private International Law
🔹 Objective: Regulates legal relations between private individuals (individuals or companies) when there is a foreign element involved, such as international contracts, marriages between people of different nationalities, or conflicts of laws between different countries.
🔹 Issues addressed: Definition of applicable law, jurisdictional competence, and recognition of foreign decisions.
🔹 Example: A contract signed between a Brazilian company and a German company may generate a conflict regarding which legislation should be applied.
⚖️ Public International Law
🔹 Objective: Regulates relations between sovereign states and international organizations, establishing norms for cooperation and conflict resolution in the global arena.
🔹 Issues addressed: International treaties, human rights, law of the sea, humanitarian law, and the role of organizations such as the UN.
🔹 Example: An environmental treaty signed between several countries to reduce carbon emissions.
📌 Our law firm specializes in Private International Law, offering legal solutions to clients dealing with transnational issues. With an experienced and multidisciplinary team, we advise and represent individuals and companies in conflicts of law, import, export and transit of goods, international contracts, recognition of foreign judgments, immigration, and other challenges in the global arena.
📍Street Duque de Caxias, 450, sala 811, Centro, Uberlândia, Minas Gerais - Brasil
Contact number, call and WhatsApp:
📱📞+55 34 997642083
📱📞+55 34 998752519
Landline number:
☎️ +55 34 30453491
