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Brazil’s STJ Upholds R$101,000 Donation to Universal Church in 4–1 Ruling

The majority deemed religious contributions acts of faith not subject to Civil Code donation formalities.

Overview

  • The Superior Court of Justice’s Third Panel decided on December 9 to keep the R$101,000 with the Igreja Universal, reversing two Brasília court orders that had required reimbursement.
  • Minister Moura Ribeiro’s opinion carried the majority, with Ministers Daniela Teixeira, Nancy Andrighi, and Humberto Martins concurring, while relator Ricardo Villas Bôas Cueva dissented.
  • The case involved a woman from the Federal District who transferred part of lottery winnings to the church and later sought the money back after alleging unfulfilled promises of financial success by a pastor.
  • The church argued the payments flowed from freedom of conscience and belief and therefore differed from ordinary civil donations, a view the majority accepted.
  • The ruling clarifies that sizable offerings, including tithes, fall outside the civil donation contract regime, setting guidance likely to shape future disputes over large gifts to religious organizations.