The business formalization and legal standing are crucial steps for foreign companies and international investors seeking to operate or invest in Brazil. Although translating documents may seem like a simple task with today’s technological tools, Brazilian laws require that documents in a foreign language submitted to official processes have legal validity.

This requires a formal sworn translation process carried out by a legally qualified professional, in compliance with official requirements set forth by law. In Brazil, the sworn translation of foreign documents is an essential, inseparable part of the bureaucratic process required to open or legitimate a company.

Sworn translation consists of a translation process carried out by a legally qualified professional, pursuant to the provisions of Federal Law No. 14.195, of 2021, and the Normative Ruling of the Department of Business Registration and Integration of the Ministry of Economy (DREI/ME) No. 52, of July 29, 2022. A sworn translation guarantees the public faith and loyalty of the translated content, ensuring that it can be used in administrative proceedings and legal processes in Brazilian territory.

In addition to translation, please consider that many foreign documents also require a notarization process to be valid in Brazil. In this sense, the Hague Apostille Convention has simplified this process for documents issued in signatory countries, replacing the need for consular notarization with the issuance of a single certificate (the Apostille). Nonetheless, in addition to the apostille, the sworn translation must be performed correctly to avoid problems.

Brazilian laws require that documents submitted to the official process be in Portuguese language. This implies that any document produced in a foreign language must be translated to be legally valid in Brazil. Therefore, documents produced in Portuguese, in other Portuguese-speaking countries, do not require translation.

In the case of a foreign language, the risks involved lie in the translation quality and accuracy. A poorly executed translation, with errors or omissions, however small, can invalidate the document for legal and bureaucratic purposes, causing material delays, additional requirements, and even the rejection of the application or process.

A common mistake is to neglect to translate details that seem secondary. Every foreign language word present in the original document essentially must be translated, with no exceptions. This includes footnotes, headings, seals, stamps, signatures with descriptions in another language, and any other annotations. Additionally, if the original document contains texts in more than one foreign language, all of them must be translated in the same sworn translation, in accordance with those standards established.

Failure to fully translate the document, or errors in transcribing crucial data such as an Apostille registration number, may lead to the document being rejected by the Brazilian authority, resulting in delays in the bureaucratic process and the need to redo the translation and notarization procedures.

Navigating the translation and notarization requirements in Brazil demands expertise, technical knowledge, and meticulous attention. Understanding all the steps required to formalize foreign companies is the first step to ensuring that the sworn translation is carried out both correctly and efficiently.

In this sense, the translation process cannot be taken as an autonomous measure, dissociated from the context which it is a part of. It must be seen as part of a complex, interconnected movement, in which each subsequent step depends on the previous one having been carried out under the requirements.

Before submitting a document for sworn translation, conducting a prior screening and review process is of paramount importance, ensuring that the original versions are complete, correct, and duly apostilled (when necessary). This materially reduces the chances of errors during the translation stage and ensures that the final document meets all the formalities required by Brazilian agencies.

Accuracy in sworn translation is a pillar for documents written in a foreign language to be valid in Brazil and for bureaucratic processes to run smoothly. Having an experienced partner who not only translates but also ensures that all preceding and later steps are correctly performed is essential for the success of your business in the country.

PLBrasil Paralegal has qualified professionals and trained teams to provide full support regarding any type of registration required for the organization and operation of your company. Moreover, it offers its clients, through its own platform, a Document Hub, where all corporate documents and history are concentrated and permanently available, with monitoring of deadlines and obligations.