Sworn and certified translations are essential for the official use of foreign documents in Brazil, particularly for legal, academic, or governmental purposes. Whether you are an expatriate, a student, a business owner, or involved in international affairs, understanding the role of sworn translations is crucial to navigating the Brazilian legal system.
In this article, we will cover what sworn and certified translations are, how they are regulated in Brazil, their importance in various sectors, and how to get documents translated for official purposes.
What Are Sworn and Certified Translations?
A sworn translation (also called a publicly certified translation) is an official translation of documents from one language into another, carried out by a translator who has been officially accredited by the Brazilian government. These translations are legally valid for use in Brazil and are required for any document originally issued in a foreign language that needs to be submitted to a Brazilian authority.
Certified translations in Brazil must be performed by sworn translators, who are professionals authorized by the state Boards of Trade (Juntas Comerciais) to translate documents into or from Portuguese. These translators undergo rigorous exams to prove their proficiency in foreign languages and legal terminology, ensuring that their translations are accurate and reliable.
The Legal Basis for Sworn Translations in Brazil
Sworn translations in Brazil are governed by Decree No. 13.609/1943, which regulates the profession of sworn translators and interpreters. According to this decree, any document in a foreign language submitted to Brazilian public offices, courts, or institutions must be accompanied by a sworn translation. This includes a wide range of documents, such as:
Birth certificates
Marriage certificates
Diplomas and academic transcripts
Contracts and legal agreements
Court decisions
Business documents
Powers of attorney
The legal status of sworn translations in Brazil is equivalent to the original document in its native language. For any official purpose, the sworn translation serves as the legally recognized version of the document in Portuguese.
Who Needs a Sworn Translation?
Several groups of people commonly require sworn translations in Brazil:
Foreign nationals: Anyone relocating to Brazil for work, study, or residency will likely need to submit personal documents such as birth certificates, marriage licenses, and academic records to Brazilian authorities.
Brazilian nationals: Brazilians who have lived abroad and need to validate foreign documents in Brazil, such as diplomas, certificates, and legal documents, will require sworn translations.
Businesses and corporations: Companies involved in international trade, mergers, or legal agreements with foreign partners may need to translate contracts, business licenses, and other official documents.
Students and professionals: Individuals pursuing studies or employment in Brazil often need to have their foreign diplomas and certificates officially translated and recognized by Brazilian educational institutions or professional bodies.
Types of Documents Requiring Sworn Translations
Sworn translations are commonly required for both personal and business-related documents. Below are some typical categories:
Personal Documents:
Birth certificates
Marriage certificates
Death certificates
Divorce decrees
Passports
Driver’s licenses
Academic and Professional Documents:
Diplomas and certificates
Academic transcripts
Letters of recommendation
Professional certifications
Legal Documents:
Contracts and agreements
Powers of attorney
Court rulings and judgments
Affidavits
Immigration papers
Business and Corporate Documents:
Articles of incorporation
Balance sheets and financial reports
Tax filings
Merger and acquisition documents
Import/export documents
The Process of Getting a Sworn Translation in Brazil
Obtaining a sworn translation is a straightforward process, but it must be handled by a certified professional. Here’s how it typically works:
Find a Sworn Translator:
You must locate an authorized translator who is sworn in by the Junta Comercial in the relevant state. Each translator is qualified for specific language pairs, so be sure to choose one who works with your required languages (e.g., Brazilian Portuguese to English, Spanish, Itanlian, German, and vice versa.). Many sworn translators are registered in online databases provided by state Boards of Trade.
Submit Your Documents:
You will need to provide the original documents or copies for translation. In some cases, official copies are accepted, but you may be asked for the original document when necessary. The translator will verify the document before starting the translation.
Translation Process:
The sworn translator will then translate the document, ensuring that all legal terminology and key information are accurately rendered in Portuguese or the required foreign language. The translation will be completed on official paper and stamped with the translator’s seal, signature, and registration number.
Receiving the Translated Document:
Once the translation is completed, the sworn translator will return the translated document to you. The original document will remain attached to the translation, which must be submitted together when presenting it to authorities.
Submission to Authorities:
After receiving the sworn translation, you can submit the translated documents to the relevant Brazilian authorities for legal purposes, such as applying for visas, registering marriages, or validating academic qualifications.
Costs and Timeline for Sworn Translations
The cost of sworn translations in Brazil is regulated by the Junta Comercial in each state, and prices are often based on the number of characters or words in the document. Some translators may charge additional fees for urgent or complex translations, such as legal or technical documents that require specialized knowledge.
The time it takes to complete a sworn translation can vary depending on the translator’s workload and the length and complexity of the document. On average, simple documents may take 2-5 business days, while more extensive legal or corporate documents may take longer.
Certified vs. Sworn Translations
It’s important to understand the distinction between sworn and certified translations. In Brazil, a sworn translation is performed by a government-authorized translator and is legally recognized for official purposes. A certified translation, on the other hand, may be provided by any qualified translator who attests to the accuracy of the translation. However, certified translations are not always accepted for legal or official matters in Brazil and do not hold the same legal status as sworn translations.
Why Are Sworn Translations Important?
Sworn translations play a vital role in ensuring that documents originating in one country are legally valid and recognized in another. In Brazil, they help bridge the gap between different languages and legal systems, facilitating international communication and collaboration. The following sectors rely heavily on sworn translations:
Legal Sector: Lawyers, judges, and government officials depend on accurate translations for the fair administration of justice in cases involving foreign parties, contracts, or legislation.
Education: Universities and professional bodies require sworn translations to assess foreign qualifications, ensuring that diplomas and academic records meet Brazilian standards.
Business and Trade: International businesses rely on sworn translations for legal documents, contracts, and agreements in cross-border transactions and business partnerships.
Conclusion
Sworn translations are indispensable for anyone needing to present foreign-language documents to Brazilian authorities, whether for personal, academic, or business reasons. By working with government-authorized sworn translators, individuals and businesses can ensure that their documents are properly translated and legally recognized in Brazil. Whether you need to translate personal documents for immigration or corporate contracts for international trade, sworn translations are a critical step in ensuring legal compliance and smooth transactions in Brazil.
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