Power of Attorney

Publicado em 18/07/2022 04h25 Atualizado em 18/08/2023 01h20

Power of Attorney is the act by which a person ("attorney-in-fact") receives from another person ("grantor") the power to carry out acts or administrate interests ("powers") on his/her behalf. All lawful acts can be subject to mandate, with the exception of testament, personal testimony and adoption.

Power of Attorney by legal instruments are recorded in the Book of Power of Attorney of Brazilian consular office or notary public in Brazil. Under Brazilian legislation, some power of attorney are only valid and legally effective if they are public, as for marriage (art. 1542 of the Civil Code), mortgage or sale of property, vehicles and mostly power of attorney for transferring assets and rights.

Power of Attorney by private agreement, effectuated by the interested party shall have the signature of the grantor recognized by the Embassy, in order to have effect over third parties.

It is recommended that the person verifies with the agency/institution in which the power of attorney will be used, whether or not the institution requires a public power of attorney.

It is recommended (although not mandatory) that the power of attorney is issued for a determinate period.

Power of Attorney issued by legal instrument
(a.k.a. Public Power of Attorney)

A) General information

The power of attorney by legal instrument shall be recorded into the Book of Power of Attorney of the Embassy. The Embassy may issue a power of attorney for Brazilians and foreigners who hold a valid Registro Nacional Migratório - RNM (former RNE), adults over the age of 18 or emancipated minors.

Foreigners without RNM may obtain a power of attorney by two means:

(a) public power of attorney: the document should be issued in the presence of a local notary public, apostilled by the Department of Foreign Affairs - DFA, translated in Brazil (by a sworn translator) and transcribed in the Registry of Deeds and Documents (cartório de Registro de Títulos e Documentos) in Brazil; or

(b) private power of attorney (see below).

Citizens between the age of 16 and 18 incomplete, illiterates and those who, for whatever reason, cannot sign their name may only be granted a public power of attorney. Those deemed relatively incapable by law should sign the respective documents along with their legal assistant. The agreement shall be signed by a representative at his request (Brazilian or foreigner) when the grantor is illiterate or unable to sign.

B) Required documents (only for Brazilian citizens and foreigners with RNM)

- Power of Attorney form duly filled and printed.

- Draft of powers (text containing clear and concise description of the powers to be granted – in Portuguese);

- Identification document (ID card, valid passport or RNM);

- Marriage certificate (for married applicants);

- CPF number for a power of attorney which involves financial or property issues (presentation of the CPF card is optional);

- If the applicant is a Brazilian legal entity, besides the above documents:

CNPJ of the company;
simplified certificate of Commercial Registry (Junta Comercial – valid for 30 days); and
a copy of the Corporate Charter (contrato social) stating the capacity of the partner.

C) Application and Processing Time

In order to grant a public power of attorney at this Embassy, it is necessary to forward the documents listed above to consular.manila@itamaraty.gov.br.

Upon receipt of such documents, the Embassy will provide a draft of power and contact you to come in person to our office to sign the power of attorney and pay the consular fees.

On the date scheduled for the signature, the original documents must be presented by the grantor.

Important! In exceptional cases, where it is established by a medical report, the impossibility of movement and precarious health situation of the grantor, the Embassy will evaluate the possibility of designating a consular officer to attend his residence or hospital in order to issue the power of attorney, unless there is absolute unavailability of staff or means of transport, as well as security risks to the officer. Alternatively, if unable to attend in person, the grantor must provide signature authentication by a public notary for further certification with an apostille by DFA.

D) Consular fees

To check the applicable fee, please refer to Consular fees.

The visa fee must be paid by deposit into an account maintained by this Embassy at San Agustin – H.V. Dela Costa Branch of Metrobank. Payment slips may be obtained at the Embassy and payment must be preferably made at the day which the service is requested.

Important!

If the power of attorney has more than one grantor, the total amount to be paid will correspond to the number of grantors (e.g., if the same power of attorneycontains two grantors, the charged amount will be in double).
If the power attorney is issued by married grantors, the fee will be charged only once.

Power of attorney issued by private agreement
(a.k.a. “Private Power of Attorney ")

A) General information

In cases that do not require public power of attorney, private power of attorney can be requested by:

Brazilian citizens;
Brazilian citizens who wish to issue a power of attorney with a foreign spouse without a valid RNM;
Foreign citizens with a valid RNM; and
Foreign citizens without a valid RNM.

The interested party (grantor) shall draw up a private power of attorney, which shall contain the information of civil qualification of the grantor(s) and attorney(s)-in-fact and also the powers to be granted to the attorney-in-fact.

Thus, Brazilian and foreign (with a valid RNM) grantors can have their signatures recognized by the Embassy, without first passing through the local public notary.

Foreign grantors without a valid RNM should first attend at a public notary for recognition of their signatures and, subsequently, certificate the document with an apostille at DFA in order to have legal effects in Brazil.

In Brazil, private power of attorney may, if necessary, be registered in the Registry of Deeds and Documents (cartório de Registro de Títulos e Documentos). Furthermore, if it is not written in Portuguese, it should be translated in Brazil by a sworn translator.

B) Required documents

- Power of Attorney;

- Identification document of the grantor (original ID card, valid passport or RNM).

C) Application and Processing Time

Brazilians and foreigners (with valid RNM) grantors must sign the power of attorney at the presence of a Consular Authority who will then recognize the grantor's signature. Therefore, the grantors must attend in person at the Embassy. Alternatively, if unable to attend in person, the grantor must provide signature authentication by a public notary for further legalization by the Embassy.

Foreign grantors without valid RNM should provide signature authentication by a local public notary for further certification of the document with an apostille at DFA.

This service can be scheduled in advance by email consular.manila@itamaraty.gov.br. If scheduled in advance, the service will be processed on the same day.

If you cannot schedule, you may just come to the Embassy during office hours to apply for the service. In this case, the service will be processed within two business days.

D) Consular fees

To check the applicable fee, please refer to Consular fees.

Important!

Please note that, to be valid in Brazil, any document issued abroad must be apostilled by the local competent authority, translated in Brazil by a sworn translator (if it is not written in Portuguese) and registered at a “cartório de Registro de Títulos e Documentos”.
To be valid in Brazil, private power of attorney issued abroad should contain information regarding civil qualification of the grantor and the attorney-in-fact and the powers granted.

Duplicate of Public Power of Attorney

The first copy of the power of attorney (called "transfer of power of attorney") will be handed to the grantor. The grantor and/or attorney-in-fact may request the issuance of one or more duplicates. When requested by a third party (other than the grantor or attorney-in-fact), the copies shall be issued only if it does not breach privacy, private life, honor and image of the parties (§ 1 of art. 23 of Law No. 8.159/1991). In case of above situations, the Consular Authority shall give confidential treatment to the document, restricting the issuance of duplicates only through the request of the grantor and/or attorney-in-fact.