Are my international documents valid in Brazil?

Difference between existence and validity

Foreign documents have legal existence in Brazil but do not have full validity. This means that, while they can serve as evidence of certain facts - such as confirming that a person was alive on the date of signing - they are not automatically enforceable against third parties.

Without proper legalization or apostille, these documents cannot be directly used in legal proceedings or serve as the basis for legal transactions that require a specific form. Therefore, international documents need to be legalized or apostilled to be valid in Brazil.

What is legalization?

If the country where the document was issued is not a contracting state to the Hague Apostille Convention, you will need to legalize it. Legalization is a process through which a document's authenticity is verified through a chain of certifications by different authorities. First, you will need to get a stamp from the competent authority in the country the document was made. After, you will need to go to the Brazilian Consulate for them to recognise that the stamp is legit. If everything is ok, the Brazilian Consulate will put a stamp on the document as well. Then you may be able to use this document in Brazil if it followed with a certified translation.

Not sure if your country is a signatory to the Hague Apostille Convention? Click here to check the list of Hague Apostille Convention members.

What is apostille?

An apostille is a simplified form of document authentication established by the Hague Apostille Convention. It replaces the traditional legalization process, allowing documents issued in one signatory country to be directly recognized in another without further certification. The apostille is issued by a designated authority in the country of origin, verifying the authenticity of the document’s signature and seal.

In Brazil, documents with an apostille from another contracting state are automatically recognized as authentic, but they still require a certified translation into Portuguese for legal use.

Examples

Examples of international documents that may need legalization or an apostille are:

• Power of attorney: Necessary for buying real estate, starting a business, or representing someone in legal matters in Brazil.

• Diplomas and academic certificates: Required for degree recognition, employment, or postgraduate applications in Brazil.

• Birth, marriage, and death certificates: Essential for citizenship applications, marriage registration, or inheritance claims.

• Corporate documents: Articles of incorporation, contracts, or agreements that need to be enforced in Brazil. power of attorneys to buy real estate or to start a business in Brazil and diplomas from universities.

Fun fact: after I finished my Master of Laws at University College London, I had to get an apostille from a UK solicitor for it to be acknowledged by Brazilian authorities. There was no need for legalization as both countries are contracting states to the Apostille Convention.

If you are unsure about the requirements for your document to be valid, it is always advisable to consult a specialized lawyer who can guide you through the process and ensure compliance with Brazilian legal standards.