Brasil - Autoridade Central (Art. 2) e informações práticas
Central Authority(ies):
Ministry of Justice
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 |
Practical Information |
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Blocking statutes: | None |
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. |
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 |
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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. |
Chapter II |
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Article 15 | Not applicable |
Article 16 | |
Article 17 | |
Article 18 | |
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. |
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 |
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 |
Useful links: | http://www.justica.gov.br/sua-protecao/cooperacao-internacional/cooperacao-juridica-internacional-em-materia-civil |
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