Public Power of Attorney: Rules, Powers, and e-Notariado
A public power of attorney confers legal representation with public faith and permanent notary registry archiving, editable in person or via e-Notariado.
Última atualização:
Por Tabelionato de Notas — 5º Cartório do Recife — Redação jurídica assistida por IA · 5º Tabelionato de Notas de Recife
Context note: This content describes Brazilian notary law (direito notarial brasileiro).
Executive summary
A public power of attorney (procuração pública) is a formal legal instrument drafted by a notary public (tabelião de notas) in which one person (the principal) grants representation powers to another (the attorney-in-fact or agent) Lei nº 8.935/1994, art. 1º. It guarantees public faith, authenticity, and legal certainty to the acts performed under its authority.
You can execute this document in person at the notary office or fully digitally through the e-Notariado platform. Drafting requires clear definition of the scope of authority, distinguishing general administrative representation from special powers required for acts of asset disposal Lei nº 10.406/2002 — Código Civil, art. 215.
This article answers
- What is a public power of attorney and for which acts is it mandatory?
- How does the scope of powers work in a notary-executed mandate?
- How to execute a public power of attorney in person or online via e-Notariado?
- What is the validity of a public power of attorney and how to revoke it?
- How much does it cost and what documents are required for a public power of attorney?
FAQ
What is a public power of attorney and for which acts is it mandatory?
A public power of attorney is a formal instrument drafted by a notary public in their official book, through which one person grants powers to another to represent them. It is required by law for acts demanding a public deed, such as real estate purchases and sales, property donations, marriage by proxy, and extrajudicial probate.
How does the scope of powers work in a notarial mandate?
The scope of powers depends on the intended purpose. General powers authorize daily administrative management. To alienate, mortgage, settle disputes, or give financial discharge, the Código Civil Brasileiro requires express, special powers detailing the subject matter and terms of representation.
How to execute a public power of attorney in person or online via e-Notariado?
You can execute a public power of attorney in person by visiting a notary public office with your personal identification documents, or 100% digitally through e-Notariado, conducting a videoconference with the notary and signing with a free notary digital certificate.