Trânsito em julgado is an essential legal term in Portuguese and Brazilian law which refers to the point when a judicial decision becomes final and can no longer be appealed or contested through ordinary legal remedies. This can occur because all avenues for appeal have been exhausted, or else because the deadline for filing appeals has elapsed without any being lodged.

Once a decision has undergone trânsito em julgado, it acquires the status of coisa julgada (the Portuguese translation of the Latin term res judicata): this means that it becomes definitive, binding, and immune to further appeals, except in rare cases beyond the scope of ordinary legal remedies, such as a rescissory action. This legal finality is crucial to ensure legal certainty and the stability of judicial decisions.

Because of the proximity between both languages, there is a risk of equating the Portuguese trânsito em julgado with the Spanish traslado al juzgado or orden de traslado. These, however, are false friends: traslado al juzgado refers to the process by which proceedings, or part of them, are assigned to a specific court. As for orden de traslado, it refers to the obligation of an applicant for asylum to move to the EU member State responsible for examining their application within a specific time frame. Trânsito em julgado is most frequently translated into Spanish as cosa juzgada, resolución final, or sentencia firme.

As for the English translation of the term, trânsito em julgado does not have a single, universally adopted English equivalent, but several renderings are commonly used depending on the context.

Res judicata is often seen, particularly in comparative law. In this translation, the name of the principle whereby a final judgment by a competent court is conclusive is metonymically used to refer to the step by which this principle applies to a given decision. The translation transit in rem judicatam is another version of this approach.

Other translations frequently used are final judgment and final and unappealable decision, both plain-English alternatives that clearly convey the idea that no further appeals can be brought – the latter particularly emphasizing the impossibility of further appeals. A similar, if less common, translation is judgment by a court of last resort. This procedural juncture can also be addressed as claim preclusion.

An alternative approach is to convey the concepts encompassed by the meaning of trânsito em julgado by rephrasing rather than through direct translation of the term. For instance, in the certification of a criminal background check, where the Portuguese original would have:

A polícia federal certifica que não consta decisão judicial condenatória com trânsito em julgado em nome de XXX.

(literally, “The federal police certify that no judicial convicting decision with trânsito em julgado under the name of XXX is recorded”).

An English translation might be:

“The federal police certify that no final convictions that are not subject to appeal are recorded against XXX”.

Trânsito em julgado marks the point at which a judicial decision becomes final, definitive, and immune to further ordinary appeals. The most suitable translation will depend on the legal context, target audience, and specific nuance to be emphasized.