Process Serving in Brazil
From a family law issue to a business transaction, process service in Brazil may be a daunting prospect. South America is a collection of countries with different cultures, customs and languages.
Brazil is the largest of these countries, attracting immigration from around the world. This country is the world’s largest producer of coffee, gets much of its energy from renewable sources, and is the world’s ninth largest economy.
If you discover that you must serve a defendant in Brazil, you’ll need some time, translations, and patience.
Brazil Joins The Hague Convention
As of June 1, 2019, Brazil is now part of The Hague Convention. You must serve under Article 5, as Brazil has not approved Article 10 alternative services.
First, you will fill out a USM-94 (also called a Hague Service Request). Have the form signed by an attorney, a court official, or someone commissioned by the court. Anyone else signing this document will render it invalid.
Include a list of documents, as well as a Portuguese-certified translation of everything.
Once submitted, you should receive proof of service within six months.
Key Points To Consider:
- Certified Translation of all documents into Portuguese
- Request forms require a signature from the judge or attorney assigned to the case.
- Consular and foreign diplomatic agents are prohibited from performing service of process in Brazil
- Mail service is not permitted, nor direct requests to judicial authorities. All requests must go through the Central Authority to be valid.
- Timeline: 4-6 Months
Certified Legal Translation is Required
Unlike other countries in South America, the official language throughout the country is called “Brazilian Portuguese.” The translation is required even if your defendant speaks English. Why? The Central Authority in Brazil must review your documents and approve them prior to them being served. A Hague request submitted without a translation will automatically be denied.
The country was first visited in 1500 by Portuguese navigator Pedro Álvares Cabral. Brazil then became a Portuguese colony and adopted Cabral’s mother tongue. About 99% of Brazilians speak this form of Portuguese. Aside from English, that’s not the only language in Brazil.
You will also hear these languages:
- Japanese
- German
- Korean
- Dutch
- Italian
- Ukranian
- Polish
Some municipalities also recognize “co-languages,” which means they have more than one “official language.”
Document translation should be not only to the same language, but to the same local language. With that many languages commonly spoken, translations become extremely important if the person or entity you are serving is in Brazil.
The English documentation must be translated into Brazilian Portuguese, and possibly into a third language if that’s the party’s primary language. Without it, the service could be returned because the receiving party did not understand it.
Get My Defendant Served In A Week! – Alternative Forms of Service
If the standard form of service isn’t practical, or you want to try to get it done faster, there are other options under Article 10. Brazil formally objects to service under Article 10, which means if your opposing counsel or your Judge decides to question the validity of the service they will win. If you understand this risk and wish to proceed, then we can definitely assist. We have over 600 agents worldwide ready to get your documents delivered directly.
By Legal Pros. For Legal Pros
Faced with process service in Brazil, or anywhere in South America? Judicial Process & Support is ready to help no matter where you need service of process. We work with clients worldwide to ensure that your process service is completed in accordance with the state or country’s requirements.
Service of process is important, especially with international actions. Make sure that your service is completed correctly wherever the other party resides. You can call us today at 1-800-852-5002, or email us at Info@JudicialSupport.com. We’re happy to answer all your questions.