Apostille

APOSTILLE

The Convention of 5 October 1961 Abolishing the Requirement of Legalization for Foreign Public Documents, also known as the “Apostille Convention”, facilitates the use of public documents abroad. The purpose of the Convention is to abolish the traditional requirement of legalization, replacing the often long and costly legalization process with the issuance of a single Apostille certificate by a competent authority in the place where the document originates. (Source: HCCH website) Brazil, the United States, and more than 100 other countries are contracting parties to the Apostille Convention.

Public documents issued by a U.S. state (birth/marriage/death certificates, court documents, etc.) must be sent to the Secretary of State of the issuing state to receive an Apostille certification. See the list of websites below for instructions on how to request an Apostille in each state within this Consulate’s jurisdiction.

Some of the most common cases in which an Apostille certification is required are outlined below:

·       Divorce
A divorce decree issued by a U.S. state court must have an Apostille seal issued by the same state in order to be used in a Brazilian cartório to register the divorce decision on a Brazilian marriage certificate. See the Consulate’s Divorce page for instructions on how to register a U.S. divorce decision on your Brazilian marriage certificate.

·       Death
In order to transport the body or remains of a Brazilian citizen from the U.S. to Brazil, certain public documents (Death Certificate, Cremation Certificate, Transit Permit, etc.) must have an Apostille certification issued by the same state in which the documents were issued. See the Consulate’s Death Certificate page for instructions.

·       School Transcripts and Records
To use U.S. school or university documents (e.g. transcripts or diplomas) in Brazil, said documents must have an Apostille certification issued by the state in which they were issued.

·       Registration with the Brazilian Federal Police (for Non-Brazilians with Temporary Visas in Brazil)
Non-Brazilians residing in Brazil for more than 90 days on a temporary visa (VITEM) are required to present their original birth certificate with Apostille certification (among other documents) to register with the Federal Police within the first 90 days of their stay. In the U.S., the state that issues a birth certificate may issue its Apostille certification. See the Federal Police’s website for a complete list of registration requirements.

In Brazil, Apostille certifications for Brazilian public documents are issued by cartórios sanctioned by the Conselho Nacional de Justiça (CNJ).


Apostille Certification Instructions in the U.S. by State:

·       North Carolina Secretary of State www.sos.ky.gov/bus/businessrecords/Pages/Apostilles-and-Authentications.aspx

·       Delaware Secretary of State corp.https://delaware.gov/search?query=apostille

·       District of Columbia Office of the Secretary https://os.dc.gov/service/authentications

·       Kentucky Secretary of State www.sos.ky.gov/bus/businessrecords/Pages/Apostilles-and-Authentications.aspx

·       Maryland Secretary of State sos.maryland.gov/Certifications/Pages/default.aspx

·       Ohio Secretary of State https://ohio.gov/government/resources/document-authentication-and-certification

·       Virginia Secretary of the Commonwealth www.commonwealth.virginia.gov/official-documents/authentications/

·       West Virginia Secretary of State https://sos.wv.gov/business/Pages/AuthDocs.aspx


Sworn Translation (Tradução Juramentada)

While the Apostille certification guarantees a non-Brazilian document’s authenticity for use in Brazil, Brazilian public institutions (e.g. cartórios and the Federal Police) require that foreign documents be officially translated into Portuguese by an accredited translator in Brazil, known as a tradutor público (public translator). Public translators are accredited by the state in which they operate, and the Junta Comercial (Board of Trade) of each Brazilian state maintains an up-to-date list of accredited public translators on their website. For example, if you plan to register your divorce in a cartório in the state of São Paulo, search online for the list of tradutores públicos on the website of the Junta Comercial de São Paulo.