Apostille of Documents: What You Need to Know

Apostille of documents is a service that emerged to facilitate and de-bureaucratize the international legalization of documents. Thus, a document issued in one country becomes valid in another country as long as it has a certificate of authenticity.

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The Hague Convention and the Apostille

The apostille emerged with the Hague Convention in 1961, also known as the Apostille Convention. It’s an international treaty used by more than 110 countries and its purpose is to facilitate the authentication process of documents abroad. Brazil also adhered to the treaty and is part of it as one of the signatory countries. However, the agreement only came into force in August 2016, through Decree No. 8,660/2016.

This apostille of documents emerged to replace the legalization by Embassies and Consulates in order to dynamize and facilitate the process. For example, previously, in Brazil, the Ministry of Foreign Affairs carried out the apostille, which resulted in a slow, complicated, and bureaucratic process.

But, what is the apostille?

The apostille is a certificate of authenticity issued by countries that are signatories to the Hague Convention. This certificate is placed on a public document to attest to the origin and authenticity of the signature of the person or authority that came to sign or stamp the document.

Thus, this document becomes valid for other countries, which – very important – must also be signatories of the Hague Convention. This process is only valid between the countries that are part of the agreement.

In this way, the document receives a QR code and the country receiving this document can verify the veracity of the apostille through a unified database. This process is done online and allows us to verify the existence of the apostille, as well as the connection of all the apostilled documents.

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Which documents can be apostilled?

There are several types of documents that can be legalized for use abroad in an Apostille of documents, mainly those related to the request for dual citizenship. Some more common examples of documents that can be apostilled are those of foreign origin issued by a local agency, such as certificates of the act of civil registration – birth, marriage, death; public power of attorney, wills, and divorce, among others.

And also, private documents that have been recognized by signature in a notary office, for example, powers of attorney and private declarations, minor travel authorization forms, in addition to diplomas, and documents issued by universities. In other words, these documents can be part of an Apostille of documents.

General Rules for Apostille of Documents

There are some rules that must be respected for issuing an apostille on documents, such as:

• Original document – the signature of the signatory must be recognized (by similarity) or the public sign of the notary if the signature recognition has already been carried out in a registry office different from the one that will apostille the document.
• Document in a foreign language – all documents apostilled in a foreign language must be translated by a sworn translator. And the translation must also be the subject of a single apostille.
• Authenticated copy – the competent authority that issues the document is also responsible for the authenticity of the signature.
• Electronic document – if the document does not have a signature with digital certificate use, it must be printed on paper by the apostille authority, with the date and time of the apostille and the indication of the website.

Where is it done? How much does it cost to apostille documents?

In Brazil, the apostilles are carried out in notary offices or notary offices in any Brazilian capital. Normally the service is not done on the same day, presenting a deadline of up to 5 business days, depending on each locality.

In addition, the service of Apostille of documents has a cost of issuance and also varies from region to region. For example, in the State of São Paulo, the apostille of a document is R$ 113.00. In Porto Alegre, the value is R$ 38.00 plus taxes and the Digital Fiscalization Seal of the Court of Justice – RS.

 

How to validate documents from countries that do not sign the Hague Convention

Those who have documents issued by countries that are not part of the Hague Convention need to follow another procedure, legalization.

You must carry out the legalization in your country of origin, before arriving in Brazil.

 

Questions about Apostille of documents?

Any questions about the apostille process for documents can be clarified by one of our consultants. Contact us if you need help in the process or have various questions about how to proceed.