Certified Translation in Brazil: Requirements and Procedures
Foreign documents generally require legalisation and a certified translation to be legally valid in Brazil. However, specific international agreements may simplify or even waive these requirements depending on the applicant’s nationality and the document’s purpose.
What is a Certified Translation?
A certified translation (tradução juramentada) is the official Portuguese version of a foreign document, produced by a professional translator who is publically authorised and registered with a State Board of Trade. In Brazil, this service is regulated by Art. 192 of the Civil Procedure Code and Art. 27 of Law No. 14,195/2021.
Crucially, certified translations of foreign documents for use before Brazilian authorities must be performed by a translator based in Brazil, regardless of the applicant’s country of residence.
Legalisation and the Hague Apostille
Before being translated, a foreign document must undergo a process to verify its authenticity. There are two primary methods:
-
Hague Apostille: For documents originating from countries signatory to the Hague Abolition Convention (over 110 nations), a single ‘Apostille’ certificate issued in the country of origin is sufficient. This simplifies the process by removing the need for consular intervention.
-
Consular Legalisation: For documents from non-signatory countries, the traditional two-step process remains mandatory: legalisation by the Ministry of Foreign Affairs in the country of origin, followed by ‘consularisation’ at the Brazilian Consulate or Embassy.
Exemptions: When is Translation Waived?
Brazilian law and international treaties provide specific instances where certified translations—and sometimes legalisation—are not required:
-
Mercosur, Bolivia, and Chile: For immigration purposes (e.g., visa applications and residency), documents for nationals of these countries are often exempt from translation under Decree No. 5,852/2006.
-
Brazil-Uruguay Agreement: Under Decree No. 9,089/2017, documents for permanent residency applications are exempt from both legalisation and translation.
-
Brazil-Argentina Agreement: Translation is waived for migration procedures unless there is a well-founded doubt regarding the document’s content (Decree No. 6,736/2009).
-
Humanitarian Waivers: Special provisions apply to nationals from Haiti, Ukraine (conflict-affected), and certain neighbouring countries, allowing birth and marriage certificates to be accepted without translation or legalisation under specific Interministerial Ordinances.
Critical Note on Regulation Compliance
When a migration process is based on a specific international agreement, the exemptions provided by that treaty apply exclusively. It is not permissible to ‘mix and match’ provisions from different regulations to extend exemptions.
How We Can Assist
Determining the applicable legal regime is vital to avoid delays or the rejection of applications by Brazilian authorities. Our firm provides specialised consultancy to identify whether your documents require legalisation, apostilling, or certified translation.
If you require assistance with certified translations or have queries regarding the legalisation of foreign documents for use in Brazil, please contact our office:
-
Email: contato@indianaraduarte.com
-
WhatsApp: +55 48 3249-4208
We represent clients both within Brazil and internationally.