Can Foreign Language Contracts be Enforced in Brazil?

 Considering the frequent celebration of international agreements involving Brazil, questions arise regarding the validity of contracts to be executed in the country when drafted in foreign languages.

 Many companies choose to draft their contracts in the language used by the headquarters or commonly opt for English, given its prevalence in global transactions.

 Although Brazilian legislation does not specify the language in which contracts must be written, certain requirements must be met for the validity of foreign language agreements in Brazil, for their execution within the country and efficacy before third parties.

 Article 13 of the Brazilian Federal Constitution expressly states that "Portuguese is the official language of the Federative Republic of Brazil." Article 148 of the Law of Public Records establishes that foreign-language documents are legally effective only if accompanied by sworn translation and registered with the notary (Law 6.015, 1973). Similarly, Article 224 of the Civil Code requires that documents, to have legal effects, be translated into Portuguese, with the lack of translation being a reason for non-acceptance by Brazilian authorities (Law 10.406, 2002). In situations of judicial disputes in Brazil related to the contract, it is crucial to consider the sole paragraph of Article 192 of the Code of Civil Procedure, which mandates the use of the Portuguese language in all procedural acts, allowing the inclusion of foreign language documents only with a version in Portuguese via diplomatic channels, through the central authority, or by a sworn translator.

 Based on these legal provisions, it is clear that contracts drafted in other languages, lacking sworn translation, will not be enforceable before third parties in Brazil. In other words, such contracts will not serve as a legal basis for the Judiciary to recognize and enforce the rights of those seeking such acknowledgments in Brazil.

 Therefore, sworn translation is a crucial condition when parties establish Brazil as the place of contract performance. Nevertheless, it appears straightforward to meet the legal requirements and ensure the legal certainty that the agreement and the parties seek.

Our team specializing in International Commercial Agreements and Negotiations is available to provide any additional clarifications that may be necessary.