By José Henrique Lamensdorf
Almost Everything You Wanted to Know About Certified/Sworn Translations in Brazil
1. What is a sworn translation in Brazil?
It is a translation that is legally valid for presentation to Brazilian public sector authorities. In other words, it officially mirrors in Portuguese the contents of the original document it was translated from. It can be called either a Certified Public Translation or a Sworn Translation.
A sworn translation is issued by a professional duly certified as "Tradutor Público e Intérprete Comercial" (Public Translator and Commercial Interpreter) by the "Junta Comercial" (Business Registering Agency) of his/her state of residence in Brazil, in compliance with the rules and guidelines established for such a translation. Such professional is popularly called a "Tradutor Juramentado" (Sworn Translator), though the term is not official in some Brazilian states.
This translation is always printed in a hard copy, in at least two counterparts: one that will be delivered to the requesting client, and another that will be permanently filed in books kept by the Public Translator. In Brazil there is no such thing as a sworn translation by fax, e-mail, nor any electronic storage media.
The Sworn Translation is what gives legal existence in Brazil to a document written in any language other than Portuguese. Decree # 13,609, of 10/21/1943 states that:
Art. 18 - No book, document, or paper of any kind, issued in a foreign language, will have any effect whatsoever at Federal, State, or local agencies, nor at any level, court or jurisdiction, or entities maintained, controlled or guided by the public branches of government, without being accompanied by its respective translation, done in accordance with these rules.
Sole paragraph - These provisions include notaries of all types, which may not record, issue certificates, or certified copies that are, in whole or in part, written in a foreign language.
In other words, any paper written in a foreign language (i.e. other than Portuguese) has no legal validity in Brazil, unless it is attached to the corresponding sworn translation. Note the "attached". This means that the original document (or a copy thereof) must be attached to the translation. The latter does not replace the original document.
2. So a sworn translation makes the original document valid in Brazil?
No. It doesn‘t give it any additional value to what it already had in its original language. The sworn translation only allows it to have whatever effect it may have, if any, before Brazilian authorities. A counterfeit document will remain equally false after the translation. The Certified Public Translator‘s job is just to make it officially understandable, it is not up to him/her to ascertain the authenticity of the document being translated, and s/he is not empowered to certify it.
Likewise, the sworn translation of any document does not make it automatically effective in Brazil. If, for instance, a document entitles someone to do something (e.g. to operate a vehicle, to practice a profession requiring a specific license) within the issuing country, its sworn translation will not grant the bearer the same rights in Brazil. Such rights will be governed by the proper Brazilian laws.
To summarize, the sworn translation of any document does not alter its effect, just renders it acceptable before the Brazilian authorities.
Part 2 next week...
José is a certified public translator and interpreter located in São Paulo city. He can be contacted via jh@lamensdorf.com.br
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