Power of Attorney
Instructions and Necessary Documents
Power of Attorney by Public Instrument (Public Power of Attorney)
Power of Attorney by Private Instrument (Private Power of Attorney)
Power of Attorney in Maistraattii
Foreign citizens without a valid RNE
The Power of Attorney is the mandate by which someone ("outorgado", the one who will represent another person) receives from another ("outorgante", the one who consents to the powers) powers to, on their behalf, perform acts or manage interests in Brazilian territory. Every lawful act can be the subject of a mandate, with the exception of a will, personal testimony and adoption.
Therefore, by means of a power of attorney, Brazilian citizens residing abroad can appoint a friend, family member or third party (eg, lawyer) to represent their interests in Brazil. The consented powers, as well as their validity period, are defined by the interested party.
Under Brazilian law, the power of attorney can be public or private.
Attention: Under Brazilian law, some acts can only be performed by means of a public power of attorney (for example, mortgage or purchase and sale of property, motor vehicles and, in most cases, powers of attorney referring to the transfer of assets and rights).
It is recommended that the interested party checks beforehand with the institution where the document will be presented if a private power of attorney is sufficient or if a public power of attorney is required.
Important: The Embassy only issues powers of attorney (either public or private) for Brazilian citizens or for foreign citizens holding a valid Brazilian visa OR valid Carteira de Registro Nacional Migratório - CRNM, over 18 years of age or emancipated, in the enjoyment of their civil rights.
Foreigners who do not have a valid Brazilian visa or valid CRNM can only issue a power of attorney before a local public notary (Maistraatti), request the apostille of the power of attorney (also in Maistraatti), translate it in Brazil (by a sworn public translator in Brazilian territory) and transcribe it at the Registry of Deeds and Documents in Brazil (Cartório de Registro de Títulos e Documentos).
Citizens who are between 16 and 18 years old, the illiterate and those who, for some reason, cannot sign their name, can only give a power of attorney by public instrument. The relatively incapable will sign the respective term together with their legal assistant. The term will be signed by a representative at his/her request (Brazilian or foreign) when the grantor is illiterate or unable to sign.
Private Power of Attorney: In person (by appointment), or directly at Maistraatti.
Public Power of Attorney: Only in person (by appointment).
- Instructions and Necessary Documents:
a) Power of Attorney by Public Instrument (“Public Power of Attorney")
This service can only be requested by Brazilian nationals or foreign citizens with a valid Brazilian visa or valid CRNM ( Carteira Nacional de Registro Migratório).
Instructions are available in our website in Portuguese at "Procurações"
b) Power of Attorney by Private Instrument (“Private Power of Attorney”)
This service can only be requested by Brazilian nationals or foreign citizens with a valid Brazilian visa or valid CRNM ( Carteira Nacional de Registro Migratório).
Instructions are available in our website in Portuguese at "Procurações"
c) Private Power of Attorney in Maistraatti:
Alternatively, if unable to attend the Embassy, the grantor may do a private power of attorney and have his/her signature notarized by a local public notary (maistraatti). In that case, it is also necessary to add an Apostille to the document (Apostille is also done in maistraatti). In this case, no procedure is required at the Embassy. It is suggested that the text be written in Portuguese.
For private powers of attorney issued in Maistraatti, it is necessary to send the power of attorney to the person granted in Brazil, instructing him/her to register it at the Cartório de Registro de Títulos e Documentos (Registry of Deeds and Documents). Legal base: art. 129, § 6, of Law 6.015/73 - Law of Registration Civil.
Important:
Attention: A power of attorney written in a foreign language must be translated in Brazil by a public sworn translator (registered in Brazilian territory) to be valid in Brazil. More information at Sworn Translations.
d) Foreign citizens without a valid Brazilian visa or valid CRNM:
Foreign grantors who do not hold a valid Brazilian visa or valid CRNM may do a private power of attorney at the public notary (maistraatti), notarize their signature and request an Apostille (also done in Maistraatti). The Embassy does not carry out private powers of attorney for foreigners who do not hold a valid RNE. It is suggested that the text be written in Portuguese.
For private powers of attorney issued in Maistraatti, it is necessary to send the power of attorney to the person granted in Brazil, instructing him/her to register it at the Cartório de Registro de Títulos e Documentos (Registry of Deeds and Documents). Legal base: art. 129, § 6, of Law 6.015/73 - Law of Registration Civil.
Important:
Attention: A power of attorney written in a foreign language must be translated in Brazil by a public sworn translator (registered in Brazilian territory) to be valid in Brazil. More information at Sworn Translations.