The apostille of sworn translations (“Apostille”) is the certificate that authenticates the origin of a public document and that must be placed on the respective document to attest its origin. Only public documents issued in Brazil can be apostilled. Documents issued abroad must be apostilled in the countries where they were issued.
Apostille of Sworn Translations: Hague Convention
The apostille was created by the Hague Convention, with Brazil being one of the signatory countries. The treaty simplifies and speeds up the legalization of documents, promoting the mutual recognition of Brazilian documents abroad and foreign documents in Brazil.
This prerogative is valid only among the 112 signatory countries of the Convention. For other countries, the procedures for consularization and legalization of documents have not changed and must be carried out by the Ministry of Foreign Affairs and its regional offices in Brazil, as well as by embassies and consular offices abroad.
1 Which countries accept documents with an Apostille?
The countries that receive apostilled documents are those that adhered to the Hague Convention. Check the updated list here.
2 Are the document and the sworn translation apostilled together?
No, because one or the other can be done.
3 Is it possible to apostille a certified copy of a document?
Yes, it is possible, but we suggest that you check with the target institution to check if this form is accepted.
4 Is it possible to validate the Apostille online?
Yes, it is possible to verify the authenticity using a QR Code reader or by visiting the Conselho Nacional de Justiça (CNJ) website.
5 The sworn translation must be done before or after the Apostille?
As a rule, the document that will be presented abroad is translated and then the Apostille of both documents (the original and the sworn translation).
5 Can digitally signed translations be apostilled?
Yes, the digitally signed translation has legal value and can be apostilled and presented for legal purposes. Many documents are even issued electronically in Brazil, such as criminal record certificates. Just print the translation along with your authentication page and present it to the notary for an apostille.
6 Is the legalization and official translation of foreign documents necessary?
In general, yes, documents issued abroad must comply with legalization and translation rules.
Legalization: To be effective in another country, public documents issued in the territory of a country need to go through specific procedures, known generically as document legalization.
This procedure mainly involves two sequential steps:
1) “legalization”, commonly done with the Ministry of Foreign Affairs of the country where the document was issued;
2) “consularization”, carried out at the Consular Office of the country for which the document is intended.
Exceptions:When the Migratory Regularization is based on some of the regulations below, the specific provision provided for each case applies (whatever is not an exception, follows the general rule).
It is not possible to combine norms!
Decree No. 6.975/2009 – Residency Agreement for nationals of Mercosur Member States, Bolivia and Chile.
Legalization by the consular agent.
No translation required.
Article 4, item 2: For the purposes of legalizing the documents, when the request is processed at the consulate, notification of its authenticity will suffice, in accordance with the procedures established in the country from which the document comes. When the request is processed by the immigration services, such documents must only be certified by the consular agent of the applicant’s country of origin, accredited in the country of reception, without any other care.
Decree No. 9.089/2017 – Brazil/Uruguay Agreement on Permanent Residence with the objective of achieving free movement of persons.
No legalization required.
No translation required.
Article 5, item 1. For the purposes specified in this Agreement, the legalization and translation of documents is exempted.
Decree No. 6.736/2009 – Brazil/Argentina Agreement, for granting permanence to holders of temporary visas or tourists.
No translation required.
Article 7. Documents presented for immigration purposes are exempt from the translation requirement, except when there are well-founded doubts about the content of the document, as established in the Agreement for Exemption from Translations of Administrative Documents for Immigration Purposes between the Member States of Mercosur, approved by CMC decision 44/00.
Decree No. 3.598/2000 – It promulgates the Civil Matters Cooperation Agreement between Brazil and France.
No legalization required.
Art. 23. Public acts issued in the territory of one of the two States will be exempt from legalization or any similar formality, when they have to be presented in the territory of the other State.
Interministerial Ordinance MJSP/MRE No. 19, of March 23, 2021
– It provides for the granting of a residence permit to immigrants who are in Brazilian territory and are nationals of a bordering country, where the Residence Agreement for Nationals of Member States of MERCOSUR and associated countries is not in force, in order to meet the interests of the national migration policy;
No legalization required for birth and marriage certificates.
No translation required for birth and marriage certificates.
Art. 3, § 2. The birth and marriage certificates mentioned in item III of the caput may be accepted regardless of legalization or apostille, subject to the Convention on the elimination of the requirement of legalization of foreign public documents, enacted by Decree No. 8660, of January 29, 2016, and translation carried out by an official or sworn translator, provided they are accompanied by a statement from the immigrant, under the penalties of the law, confirming the authenticity of the documents.
Interministerial Ordinance MJSP/MRE No. 27, of December 30, 2021
– It provides for the granting of temporary visas and residence permits, for humanitarian reception purposes, to Haitian nationals and stateless persons affected by major calamities or environmental disasters in the Republic of Haiti.
No legalization required for birth and marriage certificates.
No translation required for birth and marriage certificates.
Art. 6, § 2 The birth and marriage certificates mentioned in item II of the caput may be accepted, regardless of legalization and translation, provided that they are accompanied by a statement by the applicant, under the penalties of the law, regarding the authenticity of the document.