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Marcelo P. Simas – Senior Lawyer at Simas, Passos & Perez Law Firm

"...they duly meet their deadlines..."

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"... their professionalism will create a long-lasting p...

  • Publishing

    Electronic Publishing or Desktop publishing (also known as DTP), electronic paging or electronic typesetting, consists of pu...
     

  • Sworn Translation

    For sworn translations, websites or dictionaries provide the following meaning: "translation with public faith, taken by an ...
     

Services

Simple translation is the process by which a written text is converted into English, Spanish, French, German, Italian, Chine...

For sworn translations, websites or dictionaries provide the following meaning: "translation with public faith, taken by an officially authorized translator." Also called official translation, it is a document used for legal purposes, fulfilling the requirements that the documents in a foreign language are recognized before federal, state and municipal agencies, all (judgments, courts, notary, jurisdictions, educational institutions, etc.) and valid in the country.

The 1988 Constitution establishes that Portuguese is Brazil's official language. If the national language is the obligatory expression of mastery and the use of a person, and if it is necessary that authorities, in order to comply with the law, have precise access to what is contained in a foreign document, it is essential that any document in a foreign language should be accompanied by an official, clear and accurate translation, made by a competent translator.

A master's trade ...

Professionals approved by public tender are those who perform the work of sworn translations .In Brazil, they receive the title of 'Public Translator and Commercial Interpreter' and only they have the power to make a sworn translation. Their mission is to prove, certify, attest to the consistency and accuracy of the documents, either the original or the translation, to be validated in Brazil or any other country. It is interesting to note that, although he/she was approved in a public tender, the sworn translator is not a public official.

Once approved in the tender, the sworn translator is appointed by the Trade Board, the state agency responsible for procurement, formalized by the licenses of the appointed translators and the supervision of the 'Translation Record'. The sworn translators are required to keep records and are valid nationwide. Each Board of Trade, in each Brazilian state, keeps on file the lists of translators and tabulated fees (fees charged by the translators).

MORE: The legal requirement for certified translations

Considering that Portuguese is the national language in Brazil, Article 140 of the Civil Code provides that: "Texts written in a foreign language must be, in order to have legal effect in the country, converted into Portuguese", and Rule 157 of the Code of Civil Procedure states that: "A document in a foreign language can only be filed, when accompanied by the vernacular version, signed by an authorized translator."

The profession of public translator and commercial interpreter was regulated in October 1943 by Federal Decree No. 13.609, the text states that "any book, document or paper of any kind that is recorded (written) in a foreign language, will only take effect in offices the Union, states or municipalities, in any jurisdiction or court or maintained entities, supervised or directed by the government ... "

Does the legal requirement end with the translator's signature?

 

Probably not. According to the purpose of the document, the notarized signature of the professional and even at the foreign country's consulate in Brazil may be required.