When it comes to Letters Rogatory, it is common for both Lawyers and Clients to have certain doubts and insecurities about what is required and what is dispensable. In view of the complexity of this type of procedure, it is major to highlight some important aspects on another successful case our firm has handled.
1. Sworn translation
Contrary to what many believe, sworn translation is not mandatory. According to the Brazilian Superior Court President and Justice Humberto Martins, on his decision dated as of June 1st, 2022, “As for the defense documents, the commission was send through diplomatic channels, which presupposes the authenticity of the documents. The official procedure eliminates the need for translation by a sworn professional in Brazil and, in the present case files, the documents accompanying the commission allows an understanding of the controversy, without compromising the right of defense.”
2. Documents required
It is not required, in Brazilian legislation, that the summons act be accompanied by all the documents mentioned in the initial petition but information necessary to understand the controversy. In this sense, the understandings of the Superior Court are abundant. The Brazilian Superior Court Justice Laurita Vaz, on December 12th, 2016, decided that “The Letter Rogatory, for the granting of the exaquatur, does not need the presence of all the existing documents, nor does it need to contain details of the legal process. It is only required to be accompanied by sufficient pieces for a fully comprehension of the controversy.”
3. Service of process
In matters of state, the summons by a process server (judicial officer) is strictly required, since communication by mail is insufficient. However, this restriction is inapplicable when the party, duly represented by a lawyer, spontaneously appears in the case file, according to the Brazilian Superior Court President and Justice Humberto Martins.
4. D l Capuano can help
Letters Rogatory can be complicated especially if the attorney in charge does not have sufficient knowledge of all the procedures required in the foreign country. For this reason, hiring a Foreign Legal Consultant specialized in Brazilian law to take care of legal aspects of this procedure is so important, since time and money are extremely valuable for all parties.
