Takeaway: Brazil’s Superior Court of Justice (STJ) has confirmed that penalty fines (astreintes) imposed for failure to comply with court orders may be revised at any time—including ex officio by the judge—if deemed excessive or insignificant. Such decisions are not subject to procedural preclusion or res judicata. The Court also recommended setting a cap on the total amount of the fine to ensure proportionality with the main obligation.

On May 7, 2025, the STJ’s Fourth Panel unanimously ruled in Special Appeal No. 1604753/RS, reaffirming that astreintes may be revised at any stage of the proceedings if considered disproportionate—whether too high or too low.

In this case, the Rio Grande do Sul Appellate Court had already reduced the original fine from BRL 23,020,000.00 to BRL 5,000,000.00 during the liquidation phase, finding the initial amount excessive.

The STJ emphasized that judges are permitted to reassess the amount of the fine at any time—even without a request from the parties—when the amount proves to be exorbitant or merely symbolic.

The Court also encouraged the establishment of a maximum limit for astreintes to maintain a reasonable balance between the penalty and the primary obligation.

In practical terms, companies and individuals subject to disproportionate penalty fines may request a judicial review regardless of the stage of the proceedings.

To read the full decision, click here.

The MAC Advogados team has deep expertise in complex disputes and is fully equipped to provide strategic legal support in light of evolving legislation and recent interpretations by the STJ. Rely on us to defend your interests with technical precision, clarity, and legal certainty.