The Third Panel of the Superior Court of Justice (STJ, Brazil’s highest appellate court for non-constitutional matters) recently ruled that the Brazilian Judiciary lacks jurisdiction to hear a damages lawsuit involving the alleged unauthorized use of a former Argentine soccer player’s image in the video game Fifa Soccer.
The case, examined in Special Appeal (REsp) 2,246,810, involves an athlete residing in Buenos Aires who never played for Brazilian clubs, suing the game’s developer companies based in the Netherlands and the United Kingdom. The ruling highlights the limits of Brazilian court authority in international disputes.
Jurisdictional Limits and Article 21 of the CPC
The plaintiff argued that the commercial distribution of the game’s editions (released between 2014 and 2022) in Brazil and the existence of corporate representatives in the country were sufficient to attract the jurisdiction of Brazilian courts. The case had been dismissed at the trial level, a judgment affirmed by the São Paulo State Court of Appeals (TJSP).
When reviewing the appeal, the reporting justice, Justice Nancy Andrighi, explained that Article 21 of the Brazilian Code of Civil Procedure (CPC) provides for concurrent jurisdiction. The statute permits lawsuits in Brazil when the defendant is domiciled in the country, when the obligation must be performed domestically, or when the lawsuit is based on an act or fact that occurred in Brazil.
However, the justice emphasized that applying these rules requires observing the principles of proximity and state interest. For the STJ, the mere retail sale of video games in Brazil by third-party distributors does not constitute a connection strong enough to justify hearing the lawsuit in the country.
The Forum Non Conveniens Doctrine
A central point of the ruling was the application of the forum non conveniens doctrine. Under this principle, the Judiciary may decline jurisdiction over a lawsuit when an alternate, concurrent international forum is more appropriate to serve the parties’ interests and ensure the ruling’s effectiveness.
The justice concluded that the former athlete’s choice of the Brazilian forum was improper, as the Brazilian state has no connection to the parties involved or the dispute, and holds no interest in hearing the case. Therefore, lower courts acted correctly in recognizing this impropriety sua sponte.
Distinction Regarding Repetitive Theme 1,289
The former player also sought to base his claim on STJ Repetitive Theme 1,289, which addresses moral damages claims stemming from the unauthorized use of athletes’ images in video games. However, the court clarified that Theme 1,289 addresses only domestic venue—specifically, venue conflicts between a plaintiff’s residence in Brazil and the defendant company’s corporate seat.
In the case at hand, the issue was not which Brazilian court had venue, but rather the limits of Brazil’s jurisdictional authority over foreign citizens and companies with no direct ties to the country.
Practical Implications for Foreign Companies
The STJ ruling reinforces legal certainty for global technology, media, and entertainment companies whose products reach Brazil through third-party distribution channels. The decision confirms that the mere presence of goods in the Brazilian consumer market does not automatically subject foreign developers to national jurisdiction in disputes lacking a genuine link to the country.
This content is for informational purposes only and does not constitute legal advice. For guidance on specific matters, consult a qualified lawyer.

