Simple Power of Attorney Generator

Brazilian power of attorney: a complete legal guide

A procuração is the Brazilian counterpart of a power of attorney: a unilateral legal instrument by which one person — the outorgante (principal or grantor) — confers powers upon another person — the outorgado (agent or attorney-in-fact) — to act in their name. The institute is governed by articles 653 to 692 of the Brazilian Civil Code (Law 10.406/2002) and by complementary statutes (Civil Procedure Code, Notary Law 8.935/1994 and Provimento CNJ 100/2020 on the e-Notariado system). The grant of mandate is, in itself, free of charge unless the parties stipulate otherwise (article 658).

The principal must have full legal capacity; minors and the legally interdicted cannot grant a procuração. The agent, on the other hand, may be a relatively incapable person (16-18) so long as they understand the act — but in that case the principal cannot sue them for misconduct, since the agent lacks full liability (article 666).

Types of power of attorney in Brazil

• Particular (private): written on plain paper and signed by the principal. Valid for the majority of everyday acts — opening a bank account, picking up documents, representing someone before the INSS, signing rental contracts up to a low value, etc. Reconhecimento de firma (notarial signature recognition) is optional but is frequently demanded by public offices.
• Pública (public): drafted and recorded by a Tabelião de Notas (notary public). Mandatory for acts whose underlying transaction itself requires a public deed, such as sale of real estate above 30 minimum wages (Civil Code article 108), marriage by proxy, donations of certain values and renunciation of inheritance.
• Digital (e-Procuração): signed electronically through the e-Notariado platform with an ICP-Brasil qualified digital certificate, or through the federal gov.br portal for specific government channels (e-CAC of the Federal Revenue, Meu INSS, eSocial). Has the same legal force as the corresponding paper version.

Mandatory content

A valid procuração must contain: full qualification of principal and agent (name, nationality, marital status, profession, RG, CPF and address); the specific or general powers being granted; the scope and term of the mandate (when no term is set, the power lasts until revoked or until another extinguishing event); the place and date; and the handwritten or qualified electronic signature of the principal. Article 661 §1 of the Civil Code is critical: powers to alienate, mortgage, transact, settle, receive amounts, take loans or perform any act that exceeds ordinary administration must be granted expressly and specifically — a generic clause is not enough.

Termination of the mandate

Per article 682 of the Civil Code, a procuração ends by: revocation by the principal (which must be communicated to the agent and to third parties to be enforceable); renunciation by the agent; death or interdiction of either party; expiration of the term; or completion of the business for which it was granted. The exception is the procuração em causa própria ("in proper interest", article 685) — it survives the death of the principal because it is intrinsically tied to a transfer of rights to the agent.

Substabelecimento and judicial powers

Substabelecimento is the transfer of the granted powers to a third person. By article 667 §1, the agent may only substitute if expressly authorized by the principal — otherwise they remain liable for any damages caused by the substitute. A procuração ad judicia grants powers to a lawyer to represent the principal in court and follows article 105 of the Code of Civil Procedure: it admits substabelecimento by default unless prohibited and grants standard procedural powers; powers to settle, waive, withdraw, give and receive amounts must still be expressly stated.

Frequently asked questions

Do I need a notary? Only for acts whose underlying transaction itself requires a public deed (typically real estate above 30 minimum wages, marriage by proxy, renunciation of inheritance). Most other procurações can be private, although reconhecimento de firma is often required by banks and public offices.

How long does a power of attorney last? Until the date set by the principal, or until it is revoked, the principal dies, the agent dies, or the business is concluded. If no term is specified, it remains in force indefinitely subject to those extinguishing events.

Can the agent delegate powers to another person? Only if the principal expressly authorized substabelecimento. Without that clause, any sub-grant is irregular and the original agent answers for the substitute's acts.

Does a procuração expire automatically? No — Brazilian law does not impose a maximum statutory term. However, many institutions internally refuse procurações older than 90 days or 1 year as a fraud-prevention measure. Always check the policy of the entity where you will use it.

Is the document generated here legally valid? The template follows the formal requirements of articles 653-692 of the Civil Code. It becomes binding after being printed and signed by hand (or signed electronically with an ICP-Brasil qualified certificate). The data is processed locally in your browser.