On 17 December 2014, the Brazilian Superior Court of Justice amended its internal rules pertaining to the provisions on recognition of foreign awards. The most relevant amendment was the inclusion of Article 216-F, providing for offense to human dignity as a ground for refusing recognition of foreign decisions, which also applies to foreign arbitral awards. While offense to human dignity is not set forth as a ground for refusing recognition of foreign arbitral awards in the Brazilian arbitration law and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, respect for human dignity may be considered as expressly recognized by the Brazilian Constitution as an essential principle for the State, and thus an element of Brazilian public policy. Violation of public policy is a ground for refusing the recognition of foreign arbitral awards both under the Brazilian arbitration law and the New York Convention.
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