Glossary entry (derived from question below)
Portuguese term or phrase:
Representante (Ativo) vs Representado (Passivo)
English translation:
representative (active) vs represented (passive)
Added to glossary by
Clauwolf
Jul 2, 2020 00:34
3 yrs ago
37 viewers *
Portuguese term
Brazil
Brazilian lawyer - 40+ years in Brazil
Native in: English (Variants: Scottish, British, UK, Irish, US, Australian, Canadian, New Zealand) 
, Portuguese (Variants: Brazilian, Mozambican, Angolan, European/Portugal) 
Works in: Portuguese to English, English to Portuguese, English, and 1 more.
Representante (Ativo) vs Representado (Passivo)
Portuguese to English
Law/Patents
Law (general)
Family law: custody
This is a title of a party in a court ruling that seems to remove custody from the child's father (the Representante Ativo) and give it to another couple, the "Representado (Passivo)". I understand that the action was taken by the public prosecutor, obviously against the Representante (Ativo), and that the Representado (Passivo), who gained custody, is included as an interested party in the action. What would these terms be in English law?
Proposed translations
(English)
| 3 +1 | representative (active) vs represented (passive) |
Clauwolf
|
Change log
Jul 7, 2020 12:19: Clauwolf Created KOG entry
Proposed translations
+1
12 hrs
Selected
representative (active) vs represented (passive)
:) Pode ser literal, já que as partes estão claramente definidas no texto
E foge de possíveis conflitos de terminologia jurídica
E foge de possíveis conflitos de terminologia jurídica
Peer comment(s):
| agree |
Mario Freitas
: vs represented party or person?
4 hrs
|
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"another couple", segundo o texto
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4 KudoZ points awarded for this answer.
Comment: "My thanks to all who contributed to this tricky question."
Reference comments
7 hrs
Mark Robertson
Native in English
Specializes in field
Translations by lawyers for lawyers
Native in: English
Works in: Portuguese to English, English
Related KudoZ points
:
1218
Reference:
Conflito de interesses entre representante legal e menor representado
See pp 58 et seq. of this Masters thesis. https://eg.uc.pt/bitstream/10316/30066/1/Representacao legal...
Discussion
These civil proceedings are brought by the state, on the basis of information laid or reported by a civil party, (the relator) against another civil party (the defendant or respondent).
"ex rel: conj. abbreviation for Latin ex relatione, meaning "upon being related" or "upon information," used in the title of a legal proceeding filed by a state attorney general (or the federal Department of Justice) on behalf of the government, on the instigation of a private person, who needs the state to enforce the rights of himself/herself and the public. For example, the caption would read: The State of Tennessee ex rel. Archie Johnson v. Hardy Products."
https://legal-dictionary.thefreedictionary.com/ex rel
However, in your case, it is unclear, who is who.
In law, the custodial father is the child's legal representative. In the event of a conflict of interests between the father and the child, the state intervenes to represent the child. So, "Representante" = Father, "Representado" = Child. Does that make sense?
If so, I will post an answer.