Power of Attorney in Brazil

According to the Civil Code, a Brazilian power of attorney is a legal instrument that can be used for various purposes. The document can be created by natural persons, companies, as well as federal authorities, including embassies.

Below, our lawyers in Brazil explain the situations in which you may need a power of attorney and how it must be drafted to be valid. You can rely on us for assistance in drafting such a document.

Parties involved in the creation of a power of attorney in Brazil

To be used effectively, a power of attorney must designate:

• the grantor or principal, who can be a natural person or a company, and is the party who transfers property rights or ownership over various assets;
• the grantee or attorney-in-fact who can be a natural person or representative of a company, or even a Brazilian lawyer, and is the party receiving the respective rights.

When it comes to natural persons, the grantor must be legally capable (18, or an emancipated minor), while the grantee may also be a minor aged 16 to 18 (Civil Code art. 666) and must have full mental capacity to dispose/carry out to fruition the request in the power of attorney.

Content of a Brazilian power of attorney

A power of attorney must contain the following elements:

• the names of both parties;
• ID or passport number of the donor;
• the marital status of the grantor;
• the tax identification code in the case of Brazilian residents;
• the occupation and address of the donor.

The document must also contain the date it was drafted, the reason for creation, and the signature of the grantor.

Types of powers of attorney in Brazil

Generally speaking, powers of attorney are divided into:

• use;
• validity.

 In Brazil, powers of attorney by use can be:

• public;
• private.

By validity, they can be general or limited. The general one has no expiration date, while the limited one’s effect ends after the attorney-in-fact has represented the grantor in the matter required.

Our Brazilian lawyers can assist in drafting any type of power of attorney.

Public powers of attorney in Brazil

According to the law, some public powers of attorney can be used in the relation with certain authorities or other bodies. They must also be authenticated in order to be valid.

In Brazil, they are often used for:

• getting married, for example for filing the required documents with the civil registry office (Cartório de Registro Civil) on behalf of the future spouses;
• getting divorced, as the Brazilian attorney will need such a document for representation in hearings and other proceedings;
• buying, selling and contracting mortgages, or in other words, for most real estate-related procedures;
• transferring assets and rights from one party to another, such is the case of inheritances.

There are also special cases of underage donors who cannot sign official documents, cases in which the power of attorney can be used.

This type of power of attorney can also be used by foreign citizens interested in immigration to Brazil. They can be used when filing for Brazilian citizenship or residence permits, depending on the case. For such a situation, you can rely on our dedicated lawyers who can represent you.

The private power of attorney in Brazil

Private powers of attorney can also be used in Brazil, however, they are not recommended as they are seldom accepted by public authorities. They can be concluded for personal reasons and can be created in a simple form.

Brazil has one of the largest number of lawyers per inhabitant in the world

Oftentimes, powers of attorney are granted by law firms in Brazil. So, if you need such a document, you should know that according to news:

• 140,000 students graduate from law schools every year;
• around 1.5 million lawyers are registered with the Brazilian Bar Association (OAB);
• there is about one lawyer per 140 inhabitants in Brazil.

If you need assistance in drafting a power of attorney, feel free to contact us.