Brasil - Autoridade Central (Art. 2) e informações práticas
Central Authority(ies):
Ministry of Justice
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Contact details: |
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| 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: | Ms. Silvia Amelia Fonseca de Oliveira Director |
| Languages spoken by staff: | Portuguese, English, French, Spanish |
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Practical Information |
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| Blocking statutes: | None |
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Chapter I |
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| 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. |
| Pre-trial discovery of documents Art. 23): |
Letter of Request will not be executed (Full exclusion). |
| Information about domestic rules on the taking of evidence: | http://www4.planalto.gov.br/legislacao |
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Witness examination under Chapter I |
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| 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. |
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Chapter II |
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| Article 15 | Not applicable |
| Article 16 | Not applicable |
| Article 17 | Not applicable |
| Article 18 | Not applicable |
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Taking of evidence by video-links |
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Chapter I |
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| 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. |
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Chapter II |
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| 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 |
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Other Information |
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| 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 |
| Competent authorities (Art. 17) | |
| Additional authorities (Art. 24) | |
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