Brazil - Central Authority (Art. 2) and practical information

Central Authority(ies):

Ministry of Justice

Contact details:

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
Brazil
Telephone: +55 61 2025 8900
Fax: +55 61 2025 9395 
E-mail: cooperacaocivil@mj.gov.br 
General website: www.mj.gov.br 
Contact person: Luiz Roberto Ungaretti de Godoy
Director 
Languages spoken by staff: Portuguese, English, French, Spanish 

Practical Information

Blocking statutes: None

Chapter I
(Letters of Requests)

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 (Art. 7): Central Authority
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 (Art. 11): No declaration of applicability.
Translation requirements (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. 
Art 23 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. 

Chapter II
(Taking of evidence by diplomatic officers, consular agents and commissioners)

Article 15  Not applicable
Article 16
Article 17
Article 18

Taking of evidence by video-links
(under either chapter)
 

Chapter I

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. 

Chapter II

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.

Useful links: http://www.justica.gov.br/sua-protecao/cooperacao-internacional/cooperacao-juridica-internacional-em-materia-civil

http://www4.planalto.gov.br/legislacao

(This page was last updated on 21 April 2017)

Conventions (incl. Protocols and Principles)