STJ establishes criteria for the validity of foreign forum selection clauses in adhesion contracts

On July 31, 2025, the Fourth Panel of Brazil’s Superior Court of Justice (STJ) unanimously ruled that foreign forum selection clauses in digital adhesion contracts may be deemed null and void when they restrict Brazilian consumers’ access to justice. The decision was rendered in REsp 2.210.341/CE, upholding the Ceará Court of Appeals’ ruling that invalidated a clause establishing Gibraltar as the exclusive forum.

The STJ stressed that the validity of such clauses must be assessed in light of the Consumer Protection Code and the Civil Procedure Code, particularly considering consumer vulnerability and potential contractual imbalance. The Court emphasized that imposing a foreign forum in adhesion contracts, without individual negotiation, may constitute an abusive practice by limiting access to Brazilian jurisdiction.

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