International Service of Process in Brazil

International service of process in Brazil can be completed through the formal method allowed by the Hague Service Convention. However, Brazil has not been a signatory of the Convention until recently, and it is possible that future challenges may change the process as it is currently conducted.

We recommend working with an experienced international process server who can help you and effectuate service that will hold up in court.

International Service of Process in Brazil under the Hague Service Convention

International service of process varies widely from country to country, and language and cultural differences often come into play. It’s important to work with a process server who is familiar with both the procedures involved in international service of process and the region in which you wish to serve.

DGR has experience effectuating service in over 100 countries, including Brazil.
Depending on what the service requires, we can:

• Provide supporting information and documentation
• Assist in getting difficult court signatures and affidavits
• Arrange for informal service, if appropriate

Our worldwide network of lawyers and other professionals and our extensive experience ensures the fastest, most efficient service possible for our clients.

International service of process in Brazil can be completed via the formal method of submitting papers to the country’s Central Authority, known as the Autoridade Central Administrativa Federal, as prescribed by the Hague Service Convention.

Service by mail is not acceptable in Brazil.

Translation of Documents

Brazil requires the full translation of all related documents into Portuguese, Brazil’s official language. This includes summonses, complaints, and exhibits. Omitting translations of any documents will result in your case being rejected by the Central Authority.

DGR can help facilitate cost-effective, certified translation services that will hold up under international rules of service.

The Process for Service under the Hague Service Convention in Brazil

International service of process in Brazil can be completed through the Hague Service Convention. A relatively new signatory to the Hague Convention, Brazil signed the Convention on November 1, 2018. The conventions were put into force on June 1, 2019.

This is generally a faster and more efficient process than the prior method of using Letters Rogatory. However, Brazil has made declarations and reservations to several articles of the Convention that negate many of its advantages. Specifically, Brazil has objected to the following:

Article 6: Brazil requires that the request form be signed either by the Central Authority or by the judge in charge.

Article 8 (2): Brazil does not allow foreign diplomatic and consular agents to effect service in Brazil.

Article 10 (a) (b) (c): Brazil does not allow service by post from abroad nor does it allow requests made directly to Brazil’s judicial officers. Requests need to be made to Brazil’s Central Authority.

The Process for Service under the Hague Service Convention in Brazil

Once a request is received by the Central Authority, it is processed for compliance, then forwarded to the Superior Court of Justice (Superior Tribunal de Justiça) for formal approval. The Superior Court of Justice then sends the request to a federal judge for execution of service.

Whether the request is successful or not, the federal judge informs the Superior Court of its execution. The Court then informs the Central Authority, which in turn informs the applicant of the results.

Brazil has made a declaration to Article 6 of the Hague Convention mandating that the required certificate be signed either by the judge or the Central Authority. This means that informal service of process is not a possibility.

As long as a defendant’s address is known, a plaintiff must use the Hague Service Convention by submitting a request to the Central Authority. If the address is unknown, however, the plaintiff should use Letters Rogatory.

The process usually takes between five to six months.

Informal Service of Process in Brazil

Brazil’s objection to Article 10 of the Convention precludes the use of informal methods of process serving. Brazil does not allow requests to be made directly to its judicial officers and will not uphold any ruling or judgment where service has not been completed through the formal method.

Service of Process by Mail in Brazil

Brazil does not recognize service by mail from abroad.

Serving Legal Documents in Brazil

Because Brazil only signed the Hague Service Convention in 2019, it is possible that future challenges or caselaw could affect the way service of process is effected in the country. Using a process server with the experience and knowledge necessary to stay up-to-date with changes can help ensure that service is completed as efficiently as possible.

DGR Legal has been handling international process of service requests for decades. When and if challenges arise, our understanding of the different requirements of each country, including Brazil, allows us to keep your case on track. You can rely on our expertise and rest assured that your papers will be served as quickly and efficiently as possible.

If you have questions about process service in Brazil or any other region we serve, please contact us.

The staff of DGR Legal aren’t lawyers, nor is our organization a law firm. The information provided on this website doesn’t, and isn’t intended to, constitute legal advice. Rather, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.