Public power of attorney

Publicado em 12/06/2024 04h13

What it is

A public power of attorney is one drawn up in the Book of Powers of Attorney of a Brazilian Consular Office or Registry Office in Brazil.

Purpose

There are powers of attorney that are only valid and produce legal effects if they are public, such as for marriage, mortgages or the purchase and sale of property and, for the most part, powers of attorney relating to the transfer of assets and rights.

It is recommended that the interested party checks whether or not a public power of attorney is required with the body/institution before which the power of attorney will be used.

Who may apply

Brazilian nationals and foreigners holding the National Migration Registration Card (CRNM), formerly the RNE.

⚠️ Relatively incapable persons between the ages of 16 and 18 and those who, for whatever reason, cannot sign their name can only give power of attorney by public instrument. These people will sign the relevant form together with their guardians or legal assistants. In these cases, it is recommended that the power of attorney be for a fixed term.

How to apply

With the necessary documents in hand, schedule the service through the e-Consular system. Check out the system tutorial here. Once the appointment has been made, you will need to go to the Consulate in person and present the original documents.

Required documents

1	Text with the powers	Text with the powers to be given to the attorney-in-fact (grantee). 💡 If you have any doubts about the wording, consult a lawyer or the office in Brazil to which the power of attorney will be submitted. 💡 The Consulate General provides some basic models of powers of attorney, which can be adapted according to the needs of the person(s) concerned. The responsibility for the content, however, lies with the grantor(s).
2	Documents of the grantor(s)	Brazilians: original valid Brazilian passport or recent identity card and CPF number ⚠️ The identity card is valid for: I - five years, for people aged between zero and eleven on the date the card is issued; II - ten years, for people aged between twelve and fifty-nine on the date the card is issued; and III - indefinitely, for people aged sixty and over on the date the card is issued (Decree no. 10.977/2022, art. 15). Foreigners: original passport and valid CRNM (RNE) and CPF number
★	Original marriage certificate, with any annotations, must be presented in specific cases, such as:	Power of attorney made by married couples Change of name of the grantor(s)
★	If the grantor is a legal entity, it will also be necessary to submit:	CNPJ of the company Simplified certificate from the Board of Trade (valid for 30 days) The company's articles of association and any amendments

Consular fee

Payment is made directly at the automated machines (券売機) available at the Consulate. Check the price of the service here.