How to regularize foreign documents in Brazil

This article will give detailed information on how to regularize foreign documents in Brazil. We will present the ways of legalizing a foreign document, types of translation, and their exemptions. In addition, we will discuss foreign passports and criminal record certificates.

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Author: Lucas Velozo de Mello Marchiori

Ways of Legalizing a Document in Brazil

In most of the processes, especially those involving immigration, the immigrant must legalize his documents to be valid in Brazil. This legalization process can happen in two ways: with The Hague Apostille or legalization at the consulate.

The Hague Apostille is a form of international validation of documents. This validation is done in countries that have signed the so-called Hague Convention. Brazil is one of these countries. Click here to get to know all the countries that issue The Hague Apostille.

However, for the document to be valid in Brazil, it must be apostilled in its country of origin. In other words, the apostille will be made in the country where the document was issued.

Consular legalization, on the other hand, is done at Brazilian embassies or consulates abroad. You can access the contact details of all consular representations in Brazil by clicking here. 

With this legalization at the Brazilian consulate abroad, the document becomes valid in Brazil. However, the consulate’s or The Hague Apostille’s legalization is not always enough. Often it will also be necessary to have the document translated.

Document Translation

There are three main ways to translate documents: a plain translation, a certified translation, and a certified translation.

A simple translation is a free translation, which can be done by anyone. This type of translation does not have public Faith; therefore, public agencies often do not accept it. Thus, a simple translation is not an official translation.

Certified translation is done by a translator who is certified by a reputable agency. This type of translation may be accepted in institutions that request a translation by a certified company with authority in the field.

Finally, there is also a sworn translation. Sworn translations are the most widely accepted type of translation in public agencies and before authorities in Brazil. This is because this translation is done by a sworn translator, recognized by the State, and registered with a Board of Trade. 

In general, a sworn translation is the recommended means for official recognition of foreign documents in Brazil. It is the safest type of translation to validate the content of a document that is in a foreign language.

There are situations in which a translation will not be required. We will analyze some of these cases in the next topic.

Situations where documents do not need to be translated

As a rule, the translation of a foreign document is necessary to validate it in Brazil. But there are exceptions.

These exceptions are usually the result of the Brazilian State’s international agreements with other countries. Two important bodies that dispense with translation in some cases, due to these agreements, are the Receita Federal and the INSS. Depending on the country document’s country of origin translation may be dispensed with.

Furthermore, for immigration purposes, there are agreements that Brazil has with other countries that facilitate the translation requirement. One of the main ones is the Mercosul Agreement. This waives the translation of documents issued in the Mercosul member countries, in addition to Bolivia and Chile.

For migration purposes, a document of great importance is the passport and proof of affiliation.

Passport and filiation

To become a resident in Brazil, it is important that the foreigner presents his passport and proves the name of his parents. The Brazilian passport by default presents in its identification the name of the citizen’s parents. However, this pattern is not the rule in most passports of other countries.

Thus, in order to prove the filiation, in most cases, the passport alone is not enough. For this reason, another complementary document is necessary to make this proof.

There is no limitation as to which document should be used in these cases. But the most common is to present the foreigner’s birth certificate, showing his full name and the full name of his parents. This is the essential information for identification purposes.

Another fundamental document that the foreign citizen must present is his criminal record.

Criminal Records

The requirement to present a criminal record for residency in Brazil involves the places where the foreign citizen has lived in the last five years. Thus, his criminal record must be presented to check if there have been any criminal convictions in another country during this period.

It is also important to present the foreigner’s criminal record here in Brazil. The two main criminal records are one federal and one state, based on where the foreigner intends to live. The easiest way to get Brazilian criminal records is through the CPF. 

The process of issuing a CPF to a foreigner is usually simple and fast. Any foreign citizen can request the CPF, even those who do not live in Brazil or have even come to the country.

Another option is to request in person or by e-mail the antecedents at the State Court of Justice and the competent Federal Court.

There are cases in which the immigrant will not have to present a criminal record. These cases are related to humanitarian issues. This is valid when the foreigner comes from a country in a situation of serious or imminent institutional instability, armed conflict, major calamity, environmental disaster, or serious human rights violation.

Brazil has specific humanitarian visas for some countries and current conflicts. There are humanitarian visas for Haitian and Ukrainian citizens and also for people affected by the conflict in Syria and Afghanistan.

If you would like to have more detailed information about humanitarian visas, please access our complete article on this subject here.