Powers of Attorney Between Brazil and Portugal

Anyone living in Portugal has three ways to grant a power of attorney that will take effect in Brazil. The choice depends mainly on the form required by the act to be performed: to sell a property or carry out an out-of-court inventory before a notary, Brazilian law requires a public power of attorney.

1. At the Brazilian consulate

• Brazilian consular authorities are competent to perform notarial acts for Brazilians (Art. 18 of the LINDB). A consular power of attorney is a Brazilian public instrument.
• It needs neither an apostille nor legalization: the signatures of Brazilian consular authorities are valid throughout the national territory, with legalization waived (Art. 1, § 1, of Decree 8,742/2016). The Apostille Convention itself excludes documents executed by consular agents (Art. 1 of Decree 8,660/2016).
• The request, scheduling and documents follow the rules of each consular post, which should be checked before booking.

2. Before a Portuguese notary, with an apostille

• A power of attorney executed as a public instrument at a Portuguese notary's office is a foreign public document. Brazil and Portugal are parties to the Hague Apostille Convention, and the only formality Brazil may require to certify the signature and the capacity of the notary is the apostille, issued by the competent authority of the country of origin (Art. 3 of the Convention, promulgated by Decree 8,660/2016).
• In Portugal, the apostille is issued by the Public Prosecutor's Office (see the next section).

3. Private document with signature certified in Portugal

• In addition to notaries, lawyers, solicitors (solicitadores), registrars, registry officers and chambers of commerce and industry may certify signatures, authenticate private documents and certify translations, under the terms of notarial law, with the same evidentiary value as a notarial act (Art. 38(1) and (2) of Decree-Law 76-A/2006 (Decreto-Lei)). Lawyers and solicitors only perform these acts validly if they are recorded in a dedicated computer system (paragraph 3).
• A certification made by a lawyer or solicitor can be apostilled, by enclosing a copy of their professional ID card (Public Prosecutor's Office).
• This route is suitable for powers of attorney by private instrument (Art. 654 of the Civil Code). It does not replace a public power of attorney when the act in Brazil requires a public deed, because the power of attorney follows the form required for the act (Art. 657 of the Civil Code).

For an overview for people who live in Portugal and have assets in Brazil, see the page on assets in Brazil for those living in Portugal.

The central authority competent to issue apostilles in Portugal is the Prosecutor General of the Republic (Art. 2(1) of Decree-Law 86/2009 (Decreto-Lei)). By delegation, apostilles are also issued by the Regional Prosecutors General of Porto, Coimbra and Évora and by the coordinating Public Prosecutor's Office magistrates at the Guimarães Court of Appeal and in the judicial districts of the Azores and Madeira (Public Prosecutor's Office, apostille service).

• Lisbon (Office of the Prosecutor General of the Republic): apostilles acts from entities throughout the national territory, with in-person service by prior appointment.
• Porto, Coimbra, Évora, Guimarães, Funchal and Ponta Delgada: as a rule, acts from entities based in the respective area.
• Electronic documents: when the document is issued in electronic format, the apostille is also electronic and is requested at apostila.ministeriopublico.pt.
• Official fee: one tenth of the unit of account, that is, €10.20 per apostille, according to the Public Prosecutor's Office (checked in September 2026), free of charge for those who prove financial hardship.

Acts that can be apostilled include, among others, acts of notary's offices and registry offices, and certifications, attestations and authentications made by lawyers and solicitors.

No translation required

The Public Registries Law requires documents written in a foreign language, including powers of attorney, to be translated into Portuguese in order to take effect in Brazil (Art. 148 of Law 6,015/1973). A power of attorney executed in Portugal is in Portuguese, the official language of both countries, and therefore does not fall under this requirement. Spelling differences between European and Brazilian Portuguese do not make the text foreign.

Registration with the Registry of Deeds and Documents (RTD)

• The same law requires registration with the Registry of Deeds and Documents (Registro de Títulos e Documentos) of all documents of foreign origin, so that they take effect before offices of the Federal Government, the States, the Federal District and the Municipalities, or before any court or tribunal (Art. 129, item 6, of Law 6,015/1973).
• Whether this is required depends on where the power of attorney will be used. Before sending the document to Brazil, it is advisable to ask the notary, the real estate registry, the bank or the public body whether they will require prior registration with the RTD.
• A power of attorney executed at the Brazilian consulate is an act of a Brazilian authority and is therefore not a document of foreign origin.

The CNJ National Code of Rules (CNJ Provision 149/2023) governs electronic notarial acts carried out on the e-Notariado platform. All notaries in the country must provide this service (Art. 284, sole paragraph).

How it works

• The act requires a notarial videoconference to record the parties' consent and their agreement with the text, the parties' digital signature exclusively through e-Notariado, and the notary's signature with an ICP-Brasil certificate (Art. 286).
• The notary provides the client, free of charge, with a notarized digital certificate for exclusive use and for a limited period (Art. 292, § 4). The parties may be identified remotely (Art. 301).
• The electronic public power of attorney is executed by the notary of the grantor's domicile or of the place where the property is located, if applicable (Art. 303, sole paragraph). An individual's domicile is proven by the voter registration card or by other proven domicile; in the absence of such proof, only the location of the property is considered (Art. 304).
• Electronic acts are authentic and carry public faith (Art. 299).

Can people who live abroad use it?

The CNJ National Code of Rules does not exclude people who live outside Brazil, nor does it require the videoconference to take place in Brazilian territory. What it sets is the notary's jurisdiction, based on the grantor's domicile or the location of the property. Anyone living in Portugal should therefore confirm with the chosen notary, before starting the procedure, which jurisdiction criterion the notary will apply to the case.

Since the electronic power of attorney is a Brazilian notarial act, it does not need an apostille to be used in Brazil.

Form and apostille

• For acts that require notarial intervention in Portugal, the power of attorney may be executed as a public instrument, as a written and signed document with in-person certification of the handwriting and signature, or as an authenticated document (Art. 116(1) of the Notarial Code (Código do Notariado)). As a rule, the power of attorney takes the form required for the transaction the attorney-in-fact will carry out (Art. 262(2) of the Portuguese Civil Code).
• Documents issued abroad in accordance with local law are accepted without prior legalization, which may be required only where there are well-founded doubts about their authenticity (Art. 44 of the Notarial Code; Art. 365 of the Portuguese Civil Code).
• The apostille, affixed by a Brazilian notary's office authorized as an apostille authority (Arts. 1 to 3 of the CNJ National Code of Rules), is the means provided for in the Convention to certify the notary's signature and capacity, and it removes those doubts.
• Only a document in a foreign language needs a translation (Art. 44(3) of the Notarial Code). A Brazilian power of attorney, written in Portuguese, does not.

Where the power of attorney will be used

• Land registry offices: registration may be requested by an agent holding a power of attorney with special powers for the act; lawyers, notaries and solicitors (solicitadores) do not need a power of attorney to request registration (Art. 39 of the Land Registry Code (Código do Registo Predial)). Documents in English, French or Spanish may be accepted without translation if the registry officer knows the language; other documents in a foreign language require translation (Art. 43(3)).
• Civil registry offices: a party may be represented by an attorney-in-fact with special powers, by means of a signed document with in-person certification of the signature, an authenticated document or a public instrument; if the power of attorney is granted to a lawyer or solicitor, a document signed by the principal is sufficient (Art. 43 of the Civil Registry Code (Código do Registo Civil)). Foreign documents are accepted without prior legalization, unless there are well-founded doubts (Art. 49).
• Tax Authority: the power of attorney to apply for a non-resident NIF must grant powers for that purpose; if the attorney-in-fact is also appointed as tax representative, this must be stated in the power of attorney. Powers of attorney granted to lawyers and solicitors, identified as such, are exempt from signature certification (Tax Authority leaflet, July 2025).
• Banks: there is no specific legal rule on the acceptance of foreign powers of attorney by Portuguese banks. Each bank sets its own requirements, and they often ask for a public power of attorney, an apostille and powers described account by account (a practice to be confirmed with the bank before the power of attorney is executed).

In Brazil, a power of attorney in general terms confers only powers of administration. To sell, encumber, settle or perform acts beyond ordinary administration, special and express powers are required (Arts. 660 and 661, § 1, of the Civil Code). In Portugal, the rules governing each act likewise require special powers, as shown below.

Sale of real estate

• In Brazil: the sale of real estate worth more than thirty minimum wages requires a public deed (Art. 108 of the Civil Code), and the power of attorney follows that form (Art. 657). Except under the regime of absolute separation of property, the spouse must also authorize the sale (Art. 1,647(I)). See how to sell a property in Brazil while living in Portugal.
• In Portugal: the power of attorney takes the form of the transaction (Art. 262(2) of the Portuguese Civil Code), and spousal consent follows the rules on the form of powers of attorney (Art. 117 of the Notarial Code). See the page on buying and selling real estate in Portugal.

Out-of-court inventory and partition

• In Brazil, the surviving spouse or a legally capable heir may be represented in the out-of-court inventory and partition before a notary by a power of attorney executed as a public instrument with special powers (Art. 12 of CNJ Resolution 35/2007). The deed cannot include assets located abroad (Art. 29). See the page on inventory proceedings.
• In Portugal, the declaration of heirs and the partition accept a power of attorney in one of the forms set out in Art. 116 of the Notarial Code, with specific powers for each act. See the page on the declaration of heirs.

Marriage by proxy

• In Brazil: it requires a public instrument with special powers; the mandate is effective for no more than ninety days, and it may be revoked only by public instrument (Art. 1,542 of the Civil Code).
• In Portugal: the power of attorney must contain special powers, the express designation of the other party to the marriage and the form of the marriage (Art. 1620 of the Portuguese Civil Code). Only one of the parties to the marriage may be represented (Art. 44 of the Civil Registry Code).

IRN and AIMA

• IRN: for civil registry acts, Art. 43 of the Civil Registry Code applies. In citizenship proceedings, declarations and the application for naturalization may be submitted by a duly authorized attorney-in-fact, and the power of attorney follows the form set out in the Civil Registry Code, unless it is granted to a lawyer or solicitor (Arts. 18(3) and 31 of the Portuguese Nationality Regulation (Regulamento da Nacionalidade Portuguesa)).
• AIMA: the application for the grant or renewal of a residence permit is submitted by the applicants themselves, save for the exceptions provided for (Art. 51(3) of Regulatory Decree 84/2007 (Decreto Regulamentar)), and AIMA schedules an in-person appointment to collect biometric data (AIMA). In administrative proceedings, the interested party may be represented or assisted by an agent (Art. 67 of the Code of Administrative Procedure (Código do Procedimento Administrativo)), but a power of attorney does not replace personal attendance when it is required.

NIF

The application for a non-resident NIF may be made solely by the agent, under a power of attorney granting powers for that purpose (Tax Authority). See the page on the NIF.

Does a power of attorney expire?

• In Brazil: the Civil Code does not set a general validity period. The mandate ends upon revocation or renunciation, the death or legal incapacitation of either party, a change of status that disqualifies the principal or the agent, the expiry of the stipulated term or the completion of the transaction (Art. 682 of the Civil Code).
• Some acts have time limits set by rule: ninety days for a power of attorney for marriage (Art. 1,542, § 3) and thirty days for a power of attorney for an uncontested divorce before a notary (Art. 36 of CNJ Resolution 35/2007).
• In Portugal: the law does not set a general time limit either. The power of attorney is extinguished by the attorney-in-fact's renunciation or by the termination of the underlying relationship (Art. 265(1) of the Portuguese Civil Code); a power of attorney for marriage ends upon revocation, upon the death of the principal or of the attorney-in-fact, or upon either of them being placed under a support measure for adults (acompanhamento), if the judgment so provides (Art. 1621).

What is usually requested in practice

In both countries, notaries, registries and banks commonly ask for a recent certificate or certified copy (traslado) of the public power of attorney, issued within the last few days or months, to confirm that it has not been revoked. This time limit does not derive from the law and varies from one entity to another (a practice to be confirmed case by case).

Revocation

• In Brazil: a revocation notified only to the attorney-in-fact cannot be raised against third parties who dealt with the attorney-in-fact in good faith (Art. 686 of the Civil Code); the appointment of another attorney-in-fact for the same transaction, once communicated, revokes the earlier one (Art. 687). The irrevocability clause and the power of attorney in the attorney-in-fact's own interest (procuração em causa própria) have their own rules (Arts. 683 to 685). When revocation is made by public deed, the notary who executes it notifies the notary who executed the power of attorney, with cross-reference notes on both acts (Art. 272, § 4, of the CNJ National Code of Rules).
• In Portugal: a power of attorney may be freely revoked, unless it was also granted in the interest of the attorney-in-fact or of a third party (Art. 265(2) and (3) of the Portuguese Civil Code); in that case, it must be executed as a public instrument filed at the notary's office (Art. 116(2) of the Notarial Code). The revocation must be brought to the attention of third parties by appropriate means; otherwise, it cannot be raised against them (Art. 266 of the Portuguese Civil Code).

With lawyers in São Paulo and Albufeira, Sene & Araújo assists with powers of attorney that circulate between the two countries.

1. Analysis of the act to be performed: we identify where the power of attorney will be used and what form and powers the law requires for that act.
2. Drafting the powers: we prepare the text describing the assets, the acts and the special powers, and we check whether spousal consent is needed.
3. Choosing the route: we advise on the consulate, a Portuguese notary with an apostille, signature certification or e-Notariado, as the case may be.
4. Apostille and registrations: we assist with the apostille in Portugal or in Brazil and confirm with the receiving entity whether it will require registration with the Registry of Deeds and Documents (Títulos e Documentos) or any other formality.
5. Use of the power of attorney: we assist with the deed, the inventory proceedings, the declaration of heirs, the NIF application or the IRN proceedings and, where applicable, the revocation.

Each case begins with a review of the documents. Based on that review, we set out the steps and the time frames for each stage.