Hague apostille: when you need it and how to request it

The apostille is a certificate under the Hague Convention of 5 October 1961 that confirms the authenticity of a public document issued in one country so it can be used in another. Brazil and Portugal are both parties to the Convention, which removes the old consular legalisation: a duly apostilled Brazilian document is generally accepted by the Portuguese authorities.

In practice, almost every immigration, citizenship or company process in Portugal involves apostilled Brazilian documents. Knowing which ones to apostille, in which version and when saves weeks of delay.

What does the apostille confirm, and what does it not?

The apostille certifies the authenticity of the signature, the capacity of the signatory and, where applicable, the seal or stamp on the document. It does not validate the content: a certificate with a misspelt name still has the error after being apostilled. That is why checking the data comes before the apostille.

Which Brazilian documents usually need an apostille?

• Civil registry certificates: birth, marriage and death, often in the full-content version;
• Criminal records: Federal Police certificates and, when requested, state court certificates;
• Academic documents: diplomas and transcripts;
• Powers of attorney drawn up at a notary for acts in Portugal;
• Corporate documents: articles of association, commercial registry certificates and minutes.

Each Portuguese authority may have its own requirements, such as the type of certificate or how recently it must have been issued. Some only accept certificates issued within the last few months, so it is worth checking before you apply.

How to request an apostille in Brazil?

1. Confirm the requirement: which document, which version (for example, full content) and how recent the Portuguese authority requires it to be.
2. Get an up-to-date document from the issuing body or the civil registry office.
3. Take it to an authorised notary office. The apostille is applied to the original or to a certified copy, as appropriate.
4. Choose the format: since 2022, apostilles can be issued electronically, sent by email with a QR code that lets foreign authorities verify them, in a service regulated by Brazil's National Council of Justice.
5. Check before sending: names, dates and the document the apostille was applied to.

The cost is set by each state's fee schedule and is charged per document.

Do the documents need translation?

Brazilian documents are already in Portuguese and, as a rule, do not need translation to be used in Portugal. A certified translation only matters when the document, or part of it, is in another language, such as a foreign diploma or a certificate issued in another country. In those cases, check whether the translation itself also needs certification or an apostille.

What are the most common mistakes?

• apostilling a short-form certificate when the authority asks for the full-content version;
• apostilling an old certificate, issued outside the accepted period;
• applying the apostille to a plain copy without certification;
• not fixing name or date discrepancies between certificates beforehand;
• requesting apostilles before knowing the exact document list for the process.

In which processes does the apostille usually come up?

In visa applications such as the D7 and D8 visas, in citizenship for grandchildren of Portuguese citizens, in family reunification and in setting up a company. The same rule applies to all of them: first confirm what the process requires, then apostille.

This check saves time and money, especially when the documents have to be handled remotely. This article is for information only and does not replace a legal consultation.