Apostille of documents in Brazil: everything you need to know

Anyone intending to use Brazilian documents abroad or foreign documents in Brazil must have come across the expression “apostille.” This procedure gained prominence after the entry into force of the Hague Apostille Convention, which simplified the way public documents are validated between signatory countries.

In Brazil, apostille is an increasingly common practice in situations involving marriage abroad, dual citizenship, studying abroad, immigration processes, and international business.

Below, you will understand what the Hague Convention is, which documents can be apostilled, where to carry out the procedure, and what the difference is from the old consular legalization.

What is the Hague Convention?

The Hague Apostille Convention, signed in 1961 and internalized in Brazil in 2016, aims to simplify the authentication of public documents between signatory countries, eliminating the need for consular legalization.

Apostille is important because it grants immediate international validity to Brazilian documents in other member countries of the Convention, ensuring they are recognized without additional bureaucracy.

This is essential for citizenship processes, marriage abroad, immigration, or international business, offering legal certainty and avoiding delays and legal problems.

Which documents can be apostilled?

According to the Hague Convention, public documents such as:

• Birth, marriage, and death certificates;

• Diplomas, academic transcripts, and academic certificates;

• Notarial documents, such as powers of attorney, deeds, and signature recognitions;

• Court decisions, judgments, and certificates issued by courts;

• Administrative documents issued by public bodies.

  
  

It is important to remember that private documents cannot be apostilled directly. In these cases, they must first be recognized by a competent authority, such as a notary, to acquire public character.

Where to apostille in Brazil?

In Brazil, apostille is carried out exclusively in authorized notaries and civil registry offices, authorized by the National Council of Justice (CNJ). Although the procedure may seem bureaucratic, in practice many people encounter difficulties regarding the required documentation, the need for sworn translation, the choice of the correct notary, and the form of apostille issuance (physical or electronic).

Furthermore, in cases involving citizenship processes, immigration, or recognition of judicial decisions, any error can lead to significant delays or even refusal of the document abroad. Therefore, it is recommended to seek the advice of a lawyer specializing in International Law, who can guide on which documents need to be apostilled, which must be translated, and how to adapt them to the requirements of the destination country. This way, the client avoids rework, additional costs, and risks of the document being denied outside Brazil.

Difference between apostille and consular legalization

Before joining the Hague Convention, every foreign document to be used in Brazil (and vice versa) had to go through the consular legalization process, which consisted of a series of authentications in public bodies and diplomatic representations, making the procedure time-consuming and bureaucratic. With the apostille, this path was simplified: a single certificate, issued by a competent authority, replaces the entire chain of legalizations.

However, it is important to note that apostille is only valid between countries that are part of the Hague Convention. For countries that are not signatories, consular legalization is still required.

Is apostille valid in all countries?

No. Apostille is only valid in countries that are signatories to the Hague Convention. Currently, more than 120 countries are part of the treaty, but there are still countries that have not joined. For these cases, the consular legalization procedure remains mandatory.

Thus, document apostille is a fundamental tool for those who need to validate documents abroad or bring foreign documents for use in Brazil. The procedure ensures legal certainty but requires attention to the correct documentation, the competent notary, and the requirements of the destination country.

Therefore, having the guidance of a lawyer specializing in International Law is indispensable. A qualified professional ensures that the process is carried out correctly, avoids rework, unnecessary costs, and legal problems, offering peace of mind for clients who need to use their documents internationally.