The attempt to modernize certified translation in Brazil is entering a new impasse. On one hand, the first National Aptitude Examination for Public Translators and Interpreters has faced problems since the registration process, has undergone legal challenges, and had to hold a substitute exam.
On the other hand, the Supreme Federal Court began judging the motions for clarification in ADI 7196, a process that could practically make the second form of entry created by the 2021 reform unfeasible: qualification without a competitive examination for candidates with a high degree in language proficiency.
“We have two very relevant things happening in parallel, and both are problematic,” summarized a source heard by Italianismo, this Monday (10).
An exam surrounded by problems.
The National Examination replaced the old model of competitive examinations conducted by the state Commercial Boards.
The Supreme Court reaffirmed: citizenship is born with the person.
- New legal front opened
- Processes can still be filed.
- Individual assessment before any decision.
The promise was to create a national and standardized selection. But the first edition has been facing problems since the registration phase.
According to the professional interviewed by Italianismo, there were changes in the lists of registrants, difficulties in regularizing registrations, and deadlines that were considered short or poorly communicated.
The problems increased during the administration of the written exam.
Candidates reported system instability and difficulties completing the exam. Others were subsequently disqualified for allegedly using unauthorized software. Some of them took legal action.
One of the decisions allowed approximately 40 candidates to return to the selection process and participate in the make-up exam held this Sunday, August 9th.
"The scenario surrounding the National Exam is quite chaotic," stated the expert. Besides the already open competitions, the final results, the oral exam, and finally, the registration of those who passed are still pending.
The Supreme Federal Court (STF) may close the other door.
The problem is that Law 14.195/2021 did not only create the National Examination. The reform also opened an exceptional possibility of exemption from the exam for those who demonstrated a high level of proficiency. The regulation allowed the use of certificates equivalent to level C2, the highest level of the Common European Framework of Reference for Languages.
According to the expert, between the end of 2024 and the beginning of 2026, more than 270 professionals would have managed to enroll through this system. This alternative, however, was suspended by the Supreme Federal Court.
Now, in the judgment of the motions for clarification in ADI 7196, the rapporteur, Minister Nunes MarquesHe proposed that future regulations involve the direct participation of the Brazilian State in the selection process and that the exams effectively assess translation and interpretation skills, and not just language proficiency.
The ruling also clarifies that qualifications and registrations granted before the publication of the judgment minutes remain valid. The suspension would apply to ongoing processes and future requests based on this modality.
For now, this is just the rapporteur's vote. The virtual trial is scheduled to remain open until August 18, unless a request for review or a separate hearing is made.
Modernization can go backwards.
The requirement set by the Supreme Court could make it extremely difficult to create new regulations for waiving the exam. "In practice, the national exam may end up becoming the only way to access it," he stated. And that's where the main contradiction arises.
The alternative created to reduce dependence on the old competitive exams may be practically rendered ineffective precisely when the first National Exam faces a series of administrative, technical, and legal problems.
The Constitutional Court's decision changed the landscape. The new citizenship law will now be reviewed by the European Union's courts of justice.
In São Paulo, for example, the last state-level competitive examination prior to the new system was held in the late 1990s, according to the professional interviewed by Italianismo.
Law 14.195 aimed to modernize a model marked by long periods without recruitment processes and little professional turnover.
Five years later, one of the new doors is struggling to operate. The other is at risk of being practically closed.
The modernization of Brazilian sworn translation, which was supposed to simplify the system, ended up caught between the chaos of the new exam and a dispute that is now in the hands of the Supreme Federal Court.
