Hague Conventions – Access to Justice and Evidence – Brazilian Implementation

1. Hague Conventions – Access to Justice and Evidence – Brazilian Implementation The Brazilian Implementation of The Hague Conventions Sâmia Albuquerque Brazilian Ministry of Justice National Secretariat of Justice Departament of Assets Recovery and International Legal Cooperation Head ofDivision for International Legal Cooperation in Civil Matters

2. Hague Conventions – Access to Justice and Evidence – Brazilian Implementation • Central Authority role of the Brazilian Ministry of Justice • Civil and Criminal Matters • Bilateral Agreements* • Multilateral Agreements* • Reciprocity • * Few exceptions

3. Hague Conventions – Access to Justice and Evidence – Brazilian Implementation Implementation of the 1980 Convention on International Access to Justice Article 1 Nationals of any Contracting State and persons habitually resident in any Contracting State shall be entitled to legal aid for court proceedings in civil and commercial matters in each Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State. Brazil: Public Defense • FORMS

4. Hague Conventions – Access to Justice and Evidence – Brazilian Implementation Implementation of the 1980 Convention on International Access to Justice Albania, Belarus, Bosnia and Herzegovina, Brazil, Bulgaria, Costa Rica, Croatia, Cyprus, Czech Republic, Estonia, Finland, France, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, Poland, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, The former Yugoslav Republic of Macedonia, Kazakhstan. Declarations Articles: 7,24,28,29 [...] the Government of Federative Republic of Brazil declares that, in accordance with Articles 24 en 29 of the Convention, the Federal Republic of Brazil reserves the right to stipulate that forms and documents to be sent to Brazilian authorities must be accompanied by translations into Portuguese. [...] under the reservation referred to in item a of the second paragraph of Article 28, pursuant to the second paragraph of Article 7 of the Convention.

5. Hague Conventions – Access to Justice and Evidence – Brazilian Implementation Implementation of the 1970 Convention on the Taking of Evidence Abroad in Civil or Commercial Matters Entry into force: june, 2014. *Pending of Promulgation Acceptances: 9 countries. • FORMS

6. Hague Conventions – Access to Justice and Evidence – Brazilian Implementation • Implementation of the 1970 Convention on the Taking of Evidence Abroad in Civil or Commercial Matters • Taking Evidence • Address • Documents • Testimony • Social report • Expert Exam

7. Hague Conventions – Access to Justice and Evidence – Brazilian Implementation Implementation of the 1970 Convention on the Taking of Evidence Abroad in Civil or Commercial Matters Declarations and Reserves: Art. 8: "Judicial authorities of a requesting State will be allowed to be present at the execution of letters rogatory in Brazil, as long as the Brazilian authority responsible for their execution authorizes it beforehand.” Art. 17 e 18: “Brazil is not bound to the provisions of Articles 17 and 18, which refer, respectively, to the obtaining of evidence by a commissioner without compulsion and to the obtaining of evidence by diplomatic representatives, consular representatives and commissioners by compulsion.” Art. 23: “Brazil declares that it will not execute letters of request which have been issued in order to obtain what is known in Common Law countries by the designation of "pre-trial discovery of documents."

8. 2007 Convention and Protocol – Brazilian Implementation The Brazilian Implementation of The Hague Conventions Sâmia Albuquerque Brazilian Ministry of Justice samia.albuquerque@mj.gov.br +55 61 2025 8900