Brazil - Central Authority (Art. 2) and practical information
Ministry of Justice
|Address:||Department of Assets Recovery and International Legal Cooperation
Ministry of Justice
SCN - Quadra 6 - Ed. Venâncio 3.000 - Bloco A - 2o Andar
70716-900 Brasília - DF
|Telephone:||+55 61 2025 8900|
|Fax:||+55 61 2025 9395|
|Contact person:||Ms. Silvia Amelia Fonseca de Oliveira
|Languages spoken by staff:||Portuguese, English, French, Spanish|
|Transmission of Letters of Requests:||Letters of Request are first sent to the Central Authority or the Ministry of Foreign Affairs before being sent to the Central Authority of the requested State.|
|Authority responsible for informing of the time and place of the execution of Letter of Request
|Presence of judicial personnel at the execution of the Letter of Request (Art. 8):||Declaration of applicability.|
|Privileges and duties existing under the law of States other than the State of origin and the State of execution
|No declaration of applicability.|
Arts 4(2) and 33):
|Accepts Letters of Requests written in the language of the requesting State accompanied by a translation into Portuguese.|
|Costs relating to execution of the Letters of Request
(Arts 14(2)(3) and 26):
|Brazil may seek reimbursement of costs if execution requires additional costs or fees associated with the provision of legal assistance.|
|Time for execution:||On average, approximately 10 months.|
|Pre-trial discovery of documents
|Letter of Request will not be executed (Full exclusion).|
|Information about domestic rules on the taking of evidence:||http://www4.planalto.gov.br/legislacao|
Witness examination under Chapter I
|Should Letters of Request include specific questions to be used during witness examination or only a list of matters to be addressed?||Yes, specific questions are required.|
|Is it a public or private hearing?||Public hearing, as a rule. The law provides that some subjects be conducted in private hearings. The Judge may also determine that in light of the specific circumstances of the case, a private hearing is required.|
|Do the judicial authorities "blue-pencil" Letters of Requests (i.e. rephrase, restructure and / or strike out objectionable questions or offensive wording so that a Letter of Request may be executed under the laws of the requested State)?||No|
|Is the witness provided in advance with a copy of the questions / matters to be addressed as contained in the Letter of Request?||No|
|Are documents produced by the witness authenticated by the court?||Yes|
|Is an oath generally administered to the witness?||Yes|
|Can the witness be made subject to further examination and recall?||Yes|
|Are there sanctions for non-appearance of witness?||Yes|
|Must interpreters who assist with the witness examination be court-certified?||Yes|
|How is the testimony transcribed?||The court makes a record of the witness' testimony.|
|Article 15||Not applicable|
|Article 16||Not applicable|
|Article 17||Not applicable|
|Article 18||Not applicable|
Taking of evidence by video-links
|Are there legal obstacles to the use of video links?||No|
|Technology used:||No information available|
|Level of interpretation required:||As determined by the requested Court.|
|Simultaneous or in sequence interpretation:||As determined by the requested Court.|
|Interpretation required in which jurisdiction?||As determined by the requested Court.|
|Who pays for the interpretation?||As determined by the requested Court.|
|How would a request for evidence be handled if witness not willing?||As determined by the requested Court.|
|Are there legal obstacles to the use of video links?||Not applicable|
|Technology used:||Not applicable|
|Level of interpretation required:||Not applicable|
|Simultaneous or in sequence interpretation:||Not applicable|
|Interpretation required in which jurisdiction?||Not applicable|
|Who pays for the interpretation?||Not applicable|
|Bilateral or multilateral agreements||1. Bilateral Agreements on judicial co-operation: Argentina (11 July 1968, 18 July 1995); Belgium (29 July 1957); France (12 September 2000); Italy (02 May 1995); Lebanon (19 February 2013); Netherlands (20 May 1964); Spain (3 July 1991); Uruguay (10 April 1996).2. Multilateral Agreements
• Convention on the Recovery Abroad of Maintenance (United Nations - New York/1956), Legislative Decree no. 56.826, 02-09-1965.
• Inter-American Convention on the International Return of Children (Montevideo/1989), Legislative Decree no. 1.212, 03-08-1994.
• Inter-American Convention on Letters Rogatory (Panama /1975), Legislative Decree no. 1.899, 09-05-1996.
• Inter-American Convention on Proof of and Information on Foreign Law (Montevideo/1979), Legislative Decree no. 1.925, 10-06-1996.
• Additional Protocol to the Inter-American Convention on Letters Rogatory (Montevideo/1979), Legislative Decree no. 2.022, 07-10-1996.
• Protocol on Jurisdictional Co-operation and Assistance in Civil, Commercial, Labor and Administrative Matters of MERCOSUR (Las Lemas/1992), Legislative Decree no. 2.067, 12-11-1996.
• Inter-American Convention on Support Obligations (Montevideo/1989), Legislative Decree no. 2.428, 17-12-1997.
• Protocol on Precautionary Measures (Ouro Preto/1994), Legislative Decree no. 2.626, 15-06-1998.
• Inter-American Convention on International Traffic in Minors (Mexico/1994), Legislative Decree no. 2.740, 20-08-1998.
• Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague/1993), Legislative Decree no. 3.087, 21-06-1999.
• Convention on the Civil Aspects of International Child Abduction (The Hague/1980), Legislative Decree no. 3.413, 14-04-2000.
• Agreement on the Benefit of Free Justice and Free Legal Assistance between Member-States of MERCOSUR, the Republic of Bolivia and the Republic of Chile, (Florianópolis/2000), Legislative Decree no. 6.679, 08-12-2008.
• Agreement on Co-operation and Jurisdictional Assistance in Civil, Commercial, Labor and Administrative Matters, between the Member-States of MERCOSUR, the Republic of Bolivia and the Republic of Chile, (Buenos Aires/2002), Legislative Decree no. 6.891, 02-07-2009.
|Competent authorities (Art. 17)|
|Additional authorities (Art. 24)|
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