Public Power of Attorney: Rules, Powers, and e-Notariado

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?

In summary

• A public power of attorney transfers representation powers with public faith and remains permanently recorded in the official books of the notary public office.
• Acts requiring a public deed, such as real estate purchase and sale and probate, strictly require a power of attorney issued by public instrument.
• The Código Civil Brasileiro (Brazilian Civil Code) requires express and specific powers to sell, donate, mortgage, or give discharge of assets.
• It is possible to execute the act in person or by videoconference on the e-Notariado platform using a free digital certificate.

---

What is a public power of attorney and for which acts is it mandatory?

A public power of attorney is a formal notary act through which you grant a third party the legal capacity to perform acts or manage interests in your name. Unlike a private power of attorney, an instrument executed before a notary public carries public faith conferred by the notary Lei nº 10.406/2002 — Código Civil, art. 215. This record is filed permanently in the notary registry's archives, ensuring that any interested party can obtain official certified copies (certidões) or verify the document's authenticity at any time.

Brazilian legislation mandates a public power of attorney in all situations where the principal underlying transaction requires a public deed (escritura pública) to be valid. The Código Civil Brasileiro establishes this symmetry of form to safeguard citizens' property rights Lei nº 10.406/2002 — Código Civil, art. 108.

Situations where a public instrument is indispensable

The requirement for a public instrument arises in several formal legal relationships. The main scenarios include:

• Real estate transactions: purchase, sale, donation, exchange, or creation of fiduciary assignments over real estate valued at more than thirty times the national minimum wage Lei nº 10.406/2002 — Código Civil, art. 108.
• Family law and successions: marriage by proxy, public deeds of divorce, and execution of extrajudicial probate.
• Representation before public agencies and banks: operating third-party bank accounts, representation before the National Social Security Institute (INSS), the Federal Revenue Service of Brazil (Receita Federal), traffic departments (DETRAN), and the Armed Forces.
• Illiterate persons or individuals unable to sign: when a party cannot or does not know how to sign their name, a public instrument is the sole legal format permitted to grant a mandate, collecting a signature on behalf (assinatura a rogo).

When issuing a public power of attorney, the notary public verifies the identity, civil capacity, and free expression of will of the principal Lei nº 8.935/1994, art. 6º. This oversight by extrajudicial registries minimizes risks of fraud, coerced donations, and consent defects Lei nº 10.406/2002 — Código Civil, art. 166.

---

How does the scope of powers work in a notarial mandate?

The accurate delimitation of the scope of powers is the most critical stage in drafting a public power of attorney. The law divides representation powers into two core categories: general powers and special, express powers. The scope granted by the principal determines exactly what the representative can and cannot do.

General administrative powers

General powers authorize only simple administrative acts concerning the principal's civil life or routine affairs. Under these powers, the attorney-in-fact may pay routine bills, settle taxes, request registration details, apply for certificates, and manage assets without substantially altering the principal's asset structure.

Special and express powers

For any act exceeding mere administration—such as selling, transferring, mortgaging, settling disputes, giving financial discharge, or waiving rights—the Código Civil Brasileiro requires meticulous specification of powers. This means the text of the public power of attorney must explicitly describe the purpose of the act and the specific object of the legal transaction.

To understand the detailed boundaries of these clauses, consult our guide on public powers of attorney with specific powers.

Drafting clauses by specific purpose

Each institution requires drafting tailored to its internal regulatory standards to accept representation by power of attorney:

• Banks and financial institutions: require explicit mention of account opening, management, and closing, issuing checks, funds transfers via PIX or TED, liquidating investments, and signing loan agreements.
• INSS and health insurance providers: require express powers to apply for pension benefits, sign acknowledgment forms, authorize medical or hospital procedures, and receive benefit payments.
• Armed Forces and government bodies: require specific authorization identifying the target institution (such as the Brazilian Army, Brazilian Navy, Brazilian Air Force, or the Government of Pernambuco) along with the case or file number linked to the public servant or military member.
• Vehicle transfers: the draft must explicitly identify the vehicle by make, model, year, license plate, and chassis number (VIN). For details regarding DETRAN and insurance agency requirements, read the article on public powers of attorney for vehicles.

---

How to execute a public power of attorney in person or online via e-Notariado?

The execution of a public power of attorney can take place through the traditional in-person format or via a completely digital environment using the e-Notariado platform, regulated by the National Council of Justice (Conselho Nacional de Justiça - CNJ) under Provimento CNJ nº 149/2023 (CNJ Provision No. 149/2023) Provimento CNJ nº 149/2023, Livro II. Both procedures hold identical legal validity, enforceability, and public faith.

In-person procedure

Under the in-person model, the principal attends the notary public office bringing official identification documents and the details of the agent. The notary public or qualified deputy notary interviews the principal, verifies their true intent, and drafts the instrument. Next, the draft is read out to the party, verified, and signed in the physical Notary Book, generating the official certified copy (traslado) of the public power of attorney.

Digital procedure via e-Notariado

Digital execution simplifies the process for individuals with mobility challenges or living in distant locations. To understand the overall functioning of electronic notary tools, access our article on e-Notariado and electronic notary signatures.

The step-by-step process for remote execution of a public power of attorney follows this legal workflow:

• Issuance of the notary digital certificate: the citizen requests the issuance of an e-Notariado digital certificate, provided free of charge by the notary public office following in-person verification or biometric validation against the Superior Electoral Court database.
• Document submission: copies of the principal's and agent's identification documents, along with the detailed description of required powers, are submitted electronically to the notary office.
• Scheduling the videoconference: the notary office schedules a notary videoconference session to obtain consent, confirm identity, and read the draft instrument.
• Conducting the video call: the videoconference is recorded and stored on the e-Notariado platform. During the session, the notary attests to the legal capacity and conscious intent of the principal Lei nº 8.935/1994, art. 6º.
• Electronic signing of the act: the principal digitally signs the public power of attorney using their e-Notariado or ICP-Brasil digital certificate via computer or mobile app. The notary closes the instrument with their official notary digital signature.

For detailed rules on territorial competence in digital notary acts, read our text on territorial jurisdiction in e-Notariado.

---

What is the validity of a public power of attorney and how to revoke it?

As a general rule, a public power of attorney remains valid indefinitely under Brazilian legal order, extending its legal effects until one of the statutory causes of termination under the Código Civil Brasileiro occurs. However, the principal is entirely free to stipulate a fixed expiration date when drafting the instrument, such as "valid for 1 (one) year from the date of execution."

Automatic termination and revocation

A public power of attorney automatically loses legal effect upon the death of either party (principal or agent), judicial interdiction, expiration of the specified term, or completion of the specific transaction for which it was granted.

When the principal no longer wishes to maintain the granted powers, they may revoke the mandate at any time:

• Execution of a deed of revocation: the principal visits any notary public office and requests the execution of a public deed revoking the public power of attorney.
• Marginal annotation in the registry book: the notary office that executes the revocation notifies the original registry where the power of attorney was issued so that a cancellation notation is made in the margin of the official book.
• Notice to the attorney-in-fact: the revocation takes effect against third parties and the agent only once the agent is formally notified. This notification can be served via the Titles and Documents Registry (Registro de Títulos e Documentos).

---

How much does it cost and what documents are required for a public power of attorney?

Fees (emolumentos) charged for executing a public power of attorney are established by state law in progressive fee schedules approved by the Internal Affairs Division (Corregedoria-Geral de Justiça) of each state Court of Justice. Costs vary according to the nature of the act, distinguishing powers of attorney with economic value (such as real estate sales) from non-economic instruments (such as simple administrative or social security representation).

In Pernambuco, the official fee schedule set by the Court of Justice of Pernambuco (Tribunal de Justiça de Pernambuco - TJPE) establishes uniform rates across all notary public offices in the state. Judicial oversight fees and institutional funds are added to the notary base fee. Paying for the act entitles the applicant to receive the first printed official copy (traslado) or a signed digital certificate copy.

Required documents for natural persons

To execute a public power of attorney, the principal must present to the notary office:

• Original, valid government-issued photo ID (National Identity Card / RG, Driver's License - CNH, Professional Council ID, or Passport).
• Individual Taxpayer Registry Card (CPF).
• Updated proof of residence in the principal's name.
• Civil status certificate (birth certificate for single persons; marriage certificate for married, separated, or divorced individuals, issued within the last 90 days).
• Qualification details of the agent (full name, civil status, occupation, ID number, CPF, and complete residential address). Physical attendance of the agent is not required to execute the document.

Required documents for legal entities

If the principal is a corporation or entity:

• Consolidated Articles of Incorporation (Contrato Social), Bylaws (Estatuto Social), or Individual Entrepreneur Registration registered with the Board of Trade (Junta Comercial) or Civil Registry of Legal Entities (RCPJ).
• Active, updated Corporate Taxpayer Card (CNPJ) obtained from the Federal Revenue Service of Brazil.
• Identification documents and CPF of the directors or managers holding corporate power to represent the company and appoint agents.
• Minutes of election of the current board of directors duly filed with the competent registry, when applicable.

---

Document checklist for executing a public power of attorney

Use this checklist before starting your service at the notary public office or on the e-Notariado platform:

• [ ] Principal's official government photo ID and CPF.
• [ ] Principal's recent civil status certificate (birth or marriage).
• [ ] Principal's updated proof of residence.
• [ ] Agent's complete personal details (name, ID, CPF, occupation, civil status, and address).
• [ ] Draft or text containing a clear breakdown of all powers to be granted.
• [ ] If executing via e-Notariado: e-Notariado app installed on mobile device and an active notary digital certificate.
• [ ] If for property or vehicle transfer: copy of the real estate title certificate issued by the Real Estate Registry (Registro de Imóveis) or vehicle ownership document.
• [ ] If a legal entity: Articles of Incorporation or Bylaws accompanied by the board election minutes and CNPJ card.

---

In practice: use cases of the notarial mandate

Case 1: Representation of an heir living abroad in probate proceedings

Scenario: Maria lives in Spain and needs to sign a public deed of extrajudicial probate for her deceased father, processed at a notary public office in Brazil. She is unable to travel to Brazil to attend in-person proceedings.

Solution: Maria accesses e-Notariado and schedules a videoconference with the competent notary public office. She obtains her free notary digital certificate, completes the videoconference session to confirm her identity, and grants a public power of attorney with special powers allowing her attorney to sign the draft and final probate deed, issue discharge, and accept the division of assets.

Case 2: Asset management during temporary incapacity to travel

Scenario: João, an elderly citizen, is hospitalized recovering from surgery and needs to authorize specific banking transactions to pay hospital expenses, medical insurance fees, and tax obligations.

Solution: The family requests the notary public office to perform an in-person attendance at the hospital or conduct a simplified virtual session via e-Notariado. The notary verifies that João is fully conscious and lucid to express his intent. The notary then executes a public power of attorney granting express, specific powers to his daughter to manage bank accounts and make health care payments throughout his medical treatment.

---

Common mistakes when drafting a public power of attorney

Avoiding drafting and documentary mistakes prevents a public power of attorney from being rejected by banks, public agencies, or Real Estate Registries.

• Granting generic powers for real estate transfers: drafting a power of attorney stating that the agent has powers to "sell any real estate property." Correction: The Código Civil Brasileiro and the Institute of Real Estate Register of Brazil (IRIB) require the power of attorney to include the full property description and title registry number to authorize a sale Lei nº 10.406/2002 — Código Civil, art. 108.
• Omitting mandatory banking clauses required by the Central Bank: presenting an instrument stating "manage assets" while omitting verbs like "withdraw," "issue checks," "authorize electronic transfers," or "contract loans." Correction: Specify all intended banking operations, including transactions via digital channels.
• Using a power of attorney after the principal's death: attempting to perform acts under a power of attorney after the principal has passed away. Correction: Death automatically terminates the mandate at the exact moment of demise. The agent must cease representation under penalty of nullity of the acts Lei nº 10.406/2002 — Código Civil, art. 166.
• Believing the attorney-in-fact must sign the notary book: requiring the physical presence of the agent when executing the notary act. Correction: Granting representation powers is a unilateral declaration of intent by the principal. Only the principal signs the notary public book.
• Submitting a certificate with outdated civil status: granting a public power of attorney while omitting changes in civil status following marriage, divorce, or widowhood. Correction: Always present an updated civil status certificate during document submission.

---

Legal framework

• Lei nº 10.406/2002 — Código Civil Brasileiro (Brazilian Civil Code), art. 215 — Establishes that public deeds and public powers of attorney are documents endowed with official public faith Planalto Lei nº 10.406/2002 — Código Civil, art. 215.
• Lei nº 10.406/2002 — Código Civil Brasileiro, art. 108 — Mandates a public instrument for the validity of transactions creating or transferring real property rights over real estate Planalto Lei nº 10.406/2002 — Código Civil, art. 108.
• Lei nº 10.406/2002 — Código Civil Brasileiro, art. 104 — Regulates validity requirements for legal transactions and principal capacity Planalto Lei nº 10.406/2002 — Código Civil, art. 104.
• Lei nº 8.935/1994 (Federal Law No. 8,935/1994), art. 1º — Defines the purpose of notary and registry services in guaranteeing publicity, authenticity, security, and efficacy Planalto Lei nº 8.935/1994, art. 1º.
• Lei nº 8.935/1994, art. 6º — Establishes exclusive duties of notaries public in executing public instruments Planalto Lei nº 8.935/1994, art. 6º.
• Provimento CNJ nº 149/2023 — Consolidation of the National Code of Norms of the National Corregidor's Office of the National Council of Justice regarding electronic notary acts via e-Notariado CNJ Provimento CNJ nº 149/2023, Livro II.

---

Frequently asked questions

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 Lei nº 8.935/1994, art. 1º. 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 Lei nº 10.406/2002 — Código Civil, art. 108.

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. In digital execution, you participate in a videoconference with the notary and sign using a free notary digital certificate Provimento CNJ nº 149/2023, Livro II.

What is the validity of a public power of attorney and how to revoke it?

Generally, a public power of attorney is valid indefinitely unless an expiration date is included in its text. The principal may revoke powers at any time by executing a public deed of revocation of power of attorney at a notary public office.

How much does it cost and what documents are required for a public power of attorney?

Costs are determined by the state fee schedule of the Court of Justice of Pernambuco. Required documents for the principal and agent include valid photo ID, CPF, proof of residence, and an updated civil status certificate.

---

Editorial footer

Writing Team: CartorIA / 5th Notary Public Office of Recife (5º Tabelionato de Notas do Recife)

Legal Review: Lead Notary Public & Notarial Advisory Team

Last Legal Review Date: August 25, 2026

Version: 2.1 — Updated in accordance with Provimento CNJ nº 149/2023

Notice: Informational content; does not replace legal counseling for specific cases.

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.

What is the validity of a public power of attorney and how to revoke it?

Generally, a public power of attorney is valid indefinitely unless an expiration date is included in its text. The principal may revoke powers at any time by executing a public deed of revocation of power of attorney at a notary public office.

How much does it cost and what documents are required for a public power of attorney?

Costs are determined by the state fee schedule of the Court of Justice of Pernambuco. Required documents for the principal and agent include valid photo ID, CPF, proof of residence, and an updated civil status certificate.

Base legal

• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• lei_federal 8.935 1994 — Lei nº 8.935/1994
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• lei_federal 8.935 1994 — Lei nº 8.935/1994

Conteúdos relacionados

• Power of Attorney: What It Is, Types, and How to Delegate Safely

Próximos passos

Procuração · Notarial Acts · Ver todos os conteúdos