Sworn Translation (Tradução Juramentada) of Foreign Documents for Use in Brazil

Birth certificates, diplomas, powers of attorney and other foreign documents only have legal effect in Brazil when accompanied by a sworn translation (tradução juramentada) by a licensed tradutor e intérprete público and, in many cases, registered with a Cartório de Títulos e Documentos.

Why this matters

Anyone who needs to present a document issued abroad to a Brazilian authority soon discovers that the original alone is rarely enough. Birth and marriage certificates, court judgments, diplomas and powers of attorney written in a foreign language generally require a sworn translation to have effect in the country.

This requirement arises in many situations: applications for Brazilian nationality and for autorização de residência, the transcription of civil registry records, court proceedings, probate and corporate transactions. Mistakes at this stage tend to result in additional requests from the authorities, delays and further costs.

In this article, we explain what a sworn translation is, its legal basis, who may carry it out and when the translated document must be registered with a cartório.

What a sworn translation is and when it is required

A sworn translation, technically known in Brazil as a tradução pública, is one carried out by a tradutor e intérprete público (public translator and interpreter). It carries fé pública, that is, official credibility: the law presumes such translations to be faithful and accurate (Article 27 of Law No. 14.195/2021).

The requirement stems from several provisions, including:

Code of Civil Procedure (CPC), Article 192, sole paragraph: a document written in a foreign language may only be filed in court proceedings with a Portuguese version transmitted through diplomatic channels or by the central authority, or signed by a sworn translator.
Public Registries Law (Law No. 6.015/1973), Article 148: documents in a foreign language may be registered in the original solely for preservation purposes; to have legal effect in Brazil and to be enforceable against third parties, they must be translated into Portuguese and the translation registered. The same rule applies to powers of attorney executed in a foreign language.
Law No. 14.195/2021, Article 26: translating any document that must be presented in another language before a Brazilian public-law entity or before notarial and registry services is an activity reserved exclusively to the tradutor e intérprete público.

The translation does not replace the original. Despite the presumption of accuracy, the document in its original language must accompany the translation, and any interested party may challenge its accuracy (Article 27, paragraph 2, of Law No. 14.195/2021).

Who may carry out the translation

Only a tradutor e intérprete público may produce translations with fé pública, save for limited exceptions set out in the law, such as translations by ship brokers within their field or by public officials in the course of their duties (Article 27, paragraph 1, of Law No. 14.195/2021).

For almost eight decades, the profession was governed by Decree No. 13.609/1943. Its Article 18 already provided that no document written in a foreign language would have effect before public offices, courts or tribunals without a translation made in accordance with that regulation. The decree was repealed by Law No. 14.195/2021, which now governs the profession in its Articles 22 to 34.

Under the current framework, the translator must, among other requirements, hold a university degree, be a Brazilian national or a foreign national resident in Brazil, pass an aptitude examination and be registered with the Junta Comercial (state commercial registry) of their place of domicile or main place of work (Article 22).

Two changes introduced by the law are of particular practical relevance:

Nationwide practice: registration entitles the translator to work in any Brazilian state and in the Federal District, not only in the state where they are registered.
Electronic format: translators may perform their duties electronically, in accordance with Law No. 14.063/2020, which makes digitally signed translations possible.

One point deserves emphasis: since fé pública depends on licensing and registration with a Brazilian Junta Comercial, translations made abroad, even by official translators of other countries, do not carry fé pública in Brazil (Articles 22 and 27 of Law No. 14.195/2021). For use in Brazil, the translation must be made by a public translator registered in the country.

Registration with the Cartório de Títulos e Documentos

In certain situations, in addition to the translation, the law requires the foreign document and its translation to be registered with the Registro de Títulos e Documentos (RTD), the Brazilian registry of deeds and documents.

Article 129, item 6, of Law No. 6.015/1973 subjects to this registration all documents of foreign origin, together with their translations, so that they may have effect before public offices of the Union, the states, the Federal District and the municipalities, or before any court or tribunal. Article 148 complements this rule by requiring the translation to be registered for the document to be enforceable against third parties.

In practice, the requirement varies according to the authority and the purpose, and the courts do not always apply it uniformly. It is therefore advisable to confirm in advance with the receiving authority whether registration will be required. An additional advantage of registration is the possibility of obtaining a certified copy of the document at any time, including if the original is lost.

Practical precautions before arranging the translation

A few simple precautions help to avoid rework and unnecessary costs:

Check the translator’s registration. The Juntas Comerciais publish lists of registered public translators, together with the languages in which each is licensed.
Have the whole document translated. Stamps, notes and annotations are also in a foreign language and must be included in the translation.
Mind the validity of certificates. Many authorities require certificates issued within the last few months, and the translation does not extend that period.
Check the receiving authority’s requirements. The Polícia Federal, cartórios, courts and universities may have specific requirements, such as registration with the RTD or the submission of physical copies.
Keep the original with the translation. The translation does not replace the original document, which must accompany it.

Final remarks

A sworn translation is an essential step for foreign documents to have legal effect in Brazil. Since Law No. 14.195/2021, which replaced the former Decree No. 13.609/1943, it must be carried out by a tradutor e intérprete público licensed and registered with a Junta Comercial.

In addition to the translation, the document may need to be registered with the Cartório de Títulos e Documentos, depending on its purpose and the receiving authority. Planning these steps in advance reduces the risk of additional requirements and delays.

If you need to use foreign documents in Brazil and have questions about the procedures applicable to your case, please contact us at contato@indianaraduarte.com. We will be pleased to advise you in light of the particular circumstances of your situation.