Apostille and Document Translation

The apostille is a certificate that attests to the authenticity of the signature, the capacity in which the person signing a public document acted and, where appropriate, the identity of the seal or stamp it bears. Among the countries that have joined the Hague Apostille Convention, it replaces the former consular legalization: it is the only formality the destination country may require to certify this information (Art. 3 of the Convention).

• Brazil: joined the Convention on December 2, 2015, and it entered into force for the country on August 14, 2016 (Decree 8,660/2016 (Decreto); HCCH status table). Since that date, apostilles issued by other contracting states have been accepted throughout Brazil in place of consular legalization (Art. 2 of CNJ Resolution 228/2016).
• Portugal: the Convention has been in force in the country since February 4, 1969; in Spain, since 1978; in Italy, since 1978; in Germany, since 1966 (HCCH).
• What the apostille does not do: it does not certify the content of the document or correct errors. A certificate with a discrepant name remains discrepant after it is apostilled.
• What is excluded: the Convention does not apply to documents executed by diplomatic or consular agents, or to administrative documents dealing directly with commercial or customs operations (Art. 1).

As a rule, the apostille is requested in the country where the document was issued: Brazilian certificates are apostilled in Brazil, and Portuguese documents in Portugal.

In Brazil, the National Council of Justice (CNJ) is the competent authority for apostilles and delegates the service to the heads of notary and registry offices (cartórios) (Art. 6 of CNJ Resolution 228/2016, as worded by Resolution 392/2021). The practical rules are in the National Code of Rules of the National Justice Inspectorate (CNJ Provision 149/2023).

Where and how

• All notary and registry offices in the state capitals and the Federal District must provide the service; elsewhere, registration with the system is optional (Art. 3 of the National Code of Rules). Any registered office may issue an apostille, regardless of its specialty or district (Art. 4, § 1).
• No written application is needed. The office issues a filing receipt with a delivery date that may not exceed five days (Art. 9).
• One apostille is issued per document, regardless of the number of pages (Art. 11). A paper apostille is affixed to the document itself and is not delivered separately (Art. 2).
• Apostilling a notarial certification of signature or a certified copy is exceptional: in that case, the apostille certifies the notary's signature, not that of the body that issued the original (Art. 9, § 3). For civil registry certificates, the usual route is to apostille the certificate itself.

Electronic apostille

• Apostilles are issued and recorded in the CNJ's electronic system and signed with a digital certificate (Art. 8 of CNJ Resolution 228/2016; Art. 5 of the National Code of Rules).
• An electronically signed electronic document can be apostilled without printing, provided it is in a format compatible with the CNJ system. The electronic apostille is saved in a single file, following the document, and delivered on digital media or by email (Art. 14 of the National Code of Rules).
• The CNJ maintains a database that allows anyone to verify online the existence and authenticity of Brazilian apostilles (Art. 12 of CNJ Resolution 228/2016).

Cost

The notarial fee for each apostille equals the fee for a power of attorney with no declared value, according to each state's fee schedule (Art. 18 of CNJ Resolution 228/2016; Art. 17 of the National Code of Rules). The amount therefore varies with the state where the office is located.

In Portugal, the competent authority for issuing apostilles is the Prosecutor General of the Republic (Decree-Law 86/2009 (Decreto-Lei)). By delegation, the Regional Prosecutors General of Porto, Coimbra and Évora and the coordinating public prosecutors in Guimarães, the Azores and Madeira also issue apostilles (Public Prosecutor's Office (Ministério Público), apostille service).

• What can be apostilled: public documents from ministries, courts, registry offices (conservatórias), notary offices, municipal councils, parish councils and public educational establishments, among others. Documents from private schools must first be authenticated by the competent education authorities.
• Electronic documents: digitally signed documents or documents with an access code receive an electronic apostille, requested at apostila.ministeriopublico.pt.
• Official fee: €10.20 per apostille, waived for those who prove financial hardship (Public Prosecutor's Office, checked in September 2026).

Common examples: the certificate of a marriage celebrated in Portugal that will be transcribed in Brazil, the birth certificate of a child born in Portugal, a deed of declaration of heirs (habilitação de herdeiros), a power of attorney executed before a Portuguese notary and a divorce judgment.

In Brazil, these documents are in Portuguese and do not need translation (Art. 148 of Law 6,015/1973 requires translation only of documents in a foreign language). To take effect before public bodies, documents of foreign origin may have to be registered with the Registry of Deeds and Documents (Registro de Títulos e Documentos) (Art. 129(6) of the same law); it is worth checking with the receiving body. See also the pages on transcription of foreign certificates, recognition of foreign judgments and powers of attorney between Brazil and Portugal.

The Public Registries Law provides that a certificate may be issued in full text (inteiro teor), in summary form or as a report answering specific questions (Art. 19 of Law 6,015/1973 (Lei de Registros Públicos)).

• Short-form (breve relato): the standard certificate, with the information required by law and regulation. Access is unrestricted, with no application or identification required (Arts. 113 and 115 of the National Code of Rules).
• Full-text (inteiro teor): reproduces the entire record, with notes and annotations. It requires a written application with a notarized signature or a digital signature (ICP-Brasil or gov.br), identifying the applicant, the reason for the request and the degree of kinship with the registered person (Art. 117). A full-text certificate is produced by photocopy or electronic means (Art. 19, § 1, of Law 6,015/1973).
• Annotations (averbações): whenever there is a change after the registered act, the registrar must mention it in the certificate, whatever type is requested (Art. 21 of Law 6,015/1973). This includes divorce, change of name and corrections.

In Portugal, the approach is similar: civil registry certificates may be narrative (abridged) or full-copy certificates, and full-copy certificates transcribe the entire text of the record and its annotations (Art. 212 of the Civil Registry Code (Código do Registo Civil)).

For citizenship proceedings, marriage transcription, residence and European citizenship, authorities usually ask for the full-text certificate. As requirements vary by body and procedure, it is advisable to check the official list before requesting the certificates. See the pages on Portuguese citizenship and residence permit.

The Apostille Convention sets no validity period for the apostille, and the Public Registries Law sets no general validity period for civil registry certificates. In practice, however, many bodies only accept recently issued certificates, to confirm that they reflect the latest annotations. In some cases there are written rules:

• Marriage of a foreign national in Portugal: the certificate of capacity to marry must have been issued less than six months earlier, unless a different validity period is set by the competent authority of the country of which the prospective spouse is a national (Art. 166 of the Civil Registry Code).
• AIMA, family reunification: according to the agency's frequently asked questions, birth certificates are valid for one year from issue, and documents issued outside Portugal must be apostilled or authenticated (AIMA, Service Portal FAQ).
• Other procedures: registry offices, consulates and authorities in other European countries may set their own time limits in document lists or forms. These limits should be checked against the official source for the specific procedure on the date of the application.

A criminal record certificate usually has a shorter validity than civil registry certificates. To keep it from expiring before the application, it is best requested last, once the rest of the file is ready.

Brazilian certificates in Portugal

At Portuguese registry offices, only documents written in a foreign language need translation (Art. 49(8) of the Civil Registry Code); the same applies to notarial acts (Art. 44(3) of the Notarial Code (Código do Notariado)) and to citizenship proceedings (Art. 37(2) of the Portuguese Nationality Regulation (Regulamento da Nacionalidade Portuguesa)). A Brazilian certificate is in Portuguese and therefore does not fall under this requirement. Documents issued abroad in accordance with local law are admitted without prior legalization, unless there are well-founded doubts about their authenticity (Art. 49(1) of the Civil Registry Code; Art. 44 of the Notarial Code); the apostille is the means provided in the Convention to dispel such doubts.

Brazilian certificates in Spain, Italy and Germany

In these countries, a Brazilian certificate is a document in a foreign language and, as a rule, needs translation. The destination authority decides which translation it accepts:

• Spain: a translation by a sworn translator-interpreter appointed by the Spanish Ministry of Foreign Affairs is commonly required. See the page on Spain.
• Italy: Italian consulates in Brazil usually accept a sworn translation by a Brazilian public translator, also apostilled. See the page on Italy.
• Germany: each authority decides whether it accepts a translation by a sworn translator in Brazil or requires a translator certified in Germany. See the page on Germany.

Sworn translation in Brazil

The public translator and interpreter (tradutor e intérprete público, formerly called tradutor juramentado) is registered with the state commercial registry (junta comercial), and the profession is regulated by Law 14,195/2021 (Lei) (Arts. 22 to 26). When the translation of a Brazilian document is to be apostilled, it must be done by a public translator or by a translator appointed ad hoc by the commercial registry, and the procedure requires two apostilles: first on the original document and then on the translation (Art. 15 of the National Code of Rules). A bilingual document does not replace the sworn translation for this purpose (Art. 15, § 2).

When a foreign document must be translated for use in Portugal, or when a Portuguese document needs a version in another language, the translation can be certified in Portugal:

• Notaries: the Notarial Code governs the translation of documents, which consists of the full rendering into Portuguese or into a foreign language, stating the language of the original and including a declaration of accuracy (Art. 172 of the Notarial Code). The translation may be made by a notary, by the Portuguese consulate in the country of origin, by that country's consulate in Portugal or by a suitable translator who, under oath or on their word of honor, affirms before the notary that it is accurate (Art. 44(3)).
• Lawyers, solicitors (solicitadores) and chambers of commerce and industry: they may certify, or make and certify, translations of documents (Art. 5(2) of Decree-Law 237/2001 (Decreto-Lei)), with the same evidentiary force as if they had been made with notarial involvement (Art. 6).
• Registrars and registry officers: Art. 38 of Decree-Law 76-A/2006 extended these powers to, among others, registrars and registry officers. Lawyers and solicitors can only validly perform these acts if they are recorded in the dedicated computer system (Art. 38(3)).

A translation certified in Portugal is a Portuguese document. If it is to be used in Brazil or in another Convention country, a certification made by a lawyer or solicitor can be apostilled by the Public Prosecutor's Office, enclosing a copy of their professional ID card (Public Prosecutor's Office).

• Discrepant names across certificates: different spellings of the same name, omitted surnames or mismatched dates between the birth certificate, the marriage certificate and the ancestor's document. The apostille does not solve the problem, and the discrepancy usually has to be corrected in Brazil before the application. See correction of public records.
• Missing annotations: a divorce, change of name or death that was not annotated on the record. The certificate comes out "clean" but does not reflect the actual situation, and the foreign authority may require it to be regularized.
• Wrong certificate: requesting a short-form certificate when the procedure requires a full-text one, or apostilling a certified copy instead of the certificate itself.
• Wrong order: translating before apostilling the original, when the destination also requires an apostille on the translation.
• Expired validity: certificates issued too early, which lose the validity required by the receiving body while the appointment is pending.
• Unnecessary or unsuitable translation: paying to translate a Brazilian certificate for use in Portugal, or ordering a translation in Brazil for a country that only accepts translators certified in its own territory.
• Marriage abroad not transcribed: Brazilians married in Portugal or in another country who have not transcribed the marriage in Brazil end up with Brazilian certificates that still show them as single. See transcriptions.

With lawyers admitted to the Brazilian Bar Association (OAB) and the Portuguese Bar Association (Ordem dos Advogados), and offices in São Paulo and Albufeira, Sene & Araújo assists with preparing Brazilian and Portuguese documents for use in both countries and in the rest of Europe.

1. Document list: we start from the destination procedure (citizenship, residence, marriage, estate inventory, European citizenship) and the official list of required documents.
2. Locating and obtaining certificates: we request certificates from Brazilian notary and registry offices and Portuguese registry offices, of the appropriate type and date. See document search.
3. Cross-checking: we compare names, dates and annotations across the certificates and indicate when it is necessary to correct a record or carry out a transcription before moving forward.
4. Apostille and translation: we arrange the apostille in Brazil or in Portugal and, when the destination requires it, the translation by the professional accepted by the competent authority.
5. Representation: when the client cannot handle matters in person, we advise on the appropriate power of attorney to request certificates and apostilles on their behalf.

Each case begins with a review of the documents. Based on it, we set out the steps, the order of the stages and the time frames of the bodies involved. The decision on the application always rests with the destination authority.