On 2ndDecember 2015, the Brazilian government deposited with the Ministry of Foreign Affairs of The Netherlands the instrument of accession to the Convention abolishing the requirement of legalization for foreign public documents signed in Hague on 5th October 1961, better known as the Hague Apostille Convention. Such was recently incorporated into Brazilian legal system by Decree No. 8,660 of 29th January 2016.
Internally, the Hague Apostille Convention became effective on the date of the publication of Decree No. 8,660 in Official Gazette, which was 1st February 2016. However, externally the Convention will become effective for 14th August 2016. Accordingly, legalization of foreign documents at the Brazilian Consulate overseas will still be required up to and including 14th August 2016.
The accession and enactment will reduce time and costs for citizens and companies in Brazil and in the contracting States, because the legalization of Brazilian public documents in acceding States and foreign public documents of such States in Brazil will no longer be required.
Pursuant to the 1st article of the Convention the simplification is applied to public documents namely: (i) those issued by the authority or official connected with the courts or tribunals of the State, including those emanating from a public prosecutor, a clerk of a court or bailiff; (ii) administrative documents; (iii) notarial acts; and (iv) official certifications placed on private documents, such as official certificates confirming the registration or existence of a document.
The same legal provision determines that the Convention is not applied to documents issued by diplomatic or consular agents; and administrative documents dealing directly with commercial or customs transactions. Therefore, in general lines, documents such as power-of-attorney, notarial certificates of documents will no longer need to be legalized, etc.
Notwithstanding the simplification, an apostille may be required to prove the authenticity of a signature, the capacity in which the person signing the document has acted and, where appropriate, the identity of the seal or stamp which it bears, attested by the apostille, following the model of article 4 and annexed to the Convention, issued by the competent authority of the State in which the document was issued.
Finally, despite this simplification, the Convention does not exclude common practices between countries, such as internal provisions and translations. In Brazil’s case, for instance, the registration of documents with the Registry of Deeds and Documents for making it known to third parties in Brazil will prevail, under the public registration issues of articles 130, 6th paragraph of Federal Law No. 6,015/73, which public registration issues. Certified translation will also be necessary in accordance with article 224 of Civil Code.