Request by third parties and brokers

Legal basis

Consular services should, in principle, be provided directly to the interested party, without sharing personal data with third parties, except in cases authorized by the General Personal Data Protection Law No. 13,709/2018 (LGPD).

This is the logic behind the individual access accounts to the e-Consular system, as well as users' personal accounts on the gov.br platform. These accounts are highly personal, as are the services that can be requested through them.

The prohibition on sharing personal data stems from §1 of art. 26 of the LGPD:

The Public Authority is prohibited from transferring to private entities personal data contained in databases to which it has access.

The exceptions to this rule are set out in the sections of that article, including section IV:

when there is legal provision or the transfer is supported by contracts, agreements or similar instruments.

Thus, for there to be no obstacle to sharing data, there must be a legal provision or instrument regulating/authorizing the sharing.

In the case of duplicate certificates of registration and public deeds, there is legal provision for sharing, by virtue of art. 17 of Public Registry Law no. 6.015/73 (LRP), according to which these documents can be requested by "any person (...) without informing the officer or employee of the reason for or interest in the request".

In the case of duplicate certificates of registration and public deeds, there is legal provision for sharing, by virtue of art. 17 of Public Registry Law no. 6.015/73 (LRP), according to which these documents can be requested by "any person (...) without informing the officer or employee of the reason for or interest in the request".

In other cases, in the absence of a legal provision, the request by a third party can only be made by presenting a power of attorney with powers to request a particular consular service.

Powers can be granted by means of a simple private power of attorney, without notarization, provided that the national gives specific powers to the third party and signs the power of attorney in accordance with the identity document presented to carry out the desired service.

The purpose of requiring a simple private power of attorney is to comply with the provisions of the LGPD regarding the sharing of personal data, without causing additional burdens for users of consular services.

Request procedure

In the case of a request by a third party, a private power of attorney with specific powers, duly completed and signed, must be included in the request via e-Consular. 
 
The signature does not need to be notarized, as long as it is similar to that on the person's Brazilian ID document. 

Click here to print out the power of attorney to be sent (Portuguese only).