Rectification, Re-ratification, and Amendment of Deeds

Understand the differences between rectification, re-ratification, and amendment of public deeds, when each act is necessary, and signature rules at the notary office.

Última atualização:

Por Editorial Team of the 5th Notary Office of Recife — Tabelionato de Notas · 5º Tabelionato de Notas de Recife

Note: This content describes Brazilian notarial law and extrajudicial procedures.

Em resumo

  • The legal institutes of rectification, re-ratification, and amendment of public deeds alter, correct, or supplement notarial acts previously executed in a notary office (tabelionato de notas) (Lei nº 8.935/1994 [Notarial and Registral Services Law], art. 6º). Lei nº 8.935/1994, art. 6º.
  • Rectification corrects minor errors; re-ratification ratifies the corrected text; amendment inserts new covenants or modifies contractual conditions.
  • The requirement for the presence of the parties depends on the nature of the error: modifications affecting intent or rights require the attendance of all original participants (Código Civil [Civil Code], art. 215). Lei nº 10.406/2002 — Código Civil, art. 215.
  • Timely correction at the notary office (tabelionato de notas) prevents refusal of registration by the competent real estate registry office (oficial de registro de imóveis).

Qual a diferença entre retificação, rerratificação e aditamento de escrituras públicas?

Rectification, re-ratification, and amendment of public deeds are notarial instruments designed to modify or adjust an already executed deed. Although they may sound like synonyms, these acts have distinct legal purposes in a notary office (tabelionato de notas).

Rectification aims to correct material errors or omissions in the original text. Common examples include typos in a CPF (Individual Taxpayer Registry) number, incorrect spelling of a party's name, or discrepancies in ID card (RG) details. When the correction occurs combined with the confirmation of the remaining clauses that underwent no changes, the term re-ratification (rerratificação) is used. The word combines the concepts of rectifying (correcting) and ratifying (confirming).

An amendment (aditamento) serves to add new terms, alter payment conditions, or modify obligations assumed in the original legal transaction (Código Civil, art. 104). Lei nº 10.406/2002 — Código Civil, art. 104. While rectification deals with what was declared in error, an amendment handles what the parties wish to include or alter in their agreement of wills.

You can check further details in our analysis of the difference between a deed of amendment and re-ratification. Choosing the correct act ensures legal certainty (Lei nº 8.935/1994, art. 1º). Lei nº 8.935/1994, art. 1º and avoids delays in registering the property.

| Concept | Main purpose | Need for consent from the parties |

| :--- | :--- | :--- |

| Rectification | Correct a typo or clerical error | Waived for obvious material errors committed by the notary office itself |

| Re-ratification | Correct a substantive error and ratify the transaction | Mandatory presence of all original parties |

| Amendment | Add clauses or alter deadlines and payment terms | Mandatory presence of all contracting parties |

Quando é preciso assinar uma escritura de rerratificação?

You must sign a new public deed whenever the intended modification alters the declared intent of the parties (Código Civil, art. 215). Lei nº 10.406/2002 — Código Civil, art. 215. Any change involving price, payment terms, property description, or marital status qualification requires the express consent of all individuals involved in the original transaction.

If the buyer and seller signed a public deed of purchase and sale and discovered an omitted guarantee clause, a verbal request to the notary is not enough. The law requires the execution of a declaratory act of re-ratification with signatures collected from both parties.

The revocation of usufruct, inalienability, or non-attachability clauses also requires formalization through re-ratification or amendment. The autonomy of the parties' will must remain preserved across all complementary acts (Código Civil, art. 108). Lei nº 10.406/2002 — Código Civil, art. 108.

If one of the granting or receiving parties has died after the execution of the main deed, their legal heirs must represent the estate (espólio) to sign the re-ratification at the notary office (tabelionato de notas).

O tabelião pode corrigir um erro material sem chamar todas as partes?

The notary public (tabelião de notas) may perform a rectification via marginal note or complementary deed without calling the parties only in cases of obvious material error committed by the notary office itself (Lei nº 8.935/1994, art. 6º). Lei nº 8.935/1994, art. 6º.

This applies when the correct data was present in the official documents archived at the notary office at the time of execution, but was transcribed with a typographical error into the notary ledger (livro de notas). For instance, if an ID card was presented correctly, but the text of the deed transposed a digit of the document number.

Regulations of the Conselho Nacional de Justiça (CNJ) (National Council of Justice) authorize this administrative correction ex officio (Provimento CNJ nº 149/2023 [CNJ Regulation no. 149/2023], Livro II). Provimento CNJ nº 149/2023, Livro II. The notary will certify the source of the archived document and record the correction on the text of the act.

On the other hand, when erroneous information originates from an incorrect declaration provided by the parties themselves—such as omitting a marital property regime or indicating an incorrect marital status—an ex officio correction is prohibited. In this scenario, the notary will summon all parties to execute a deed of re-ratification.

Quanto custa fazer uma rerratificação de escritura pública?

The fee charged to execute the rectification, re-ratification, and amendment of public deeds follows the official table of notary fees (tabela de emolumentos) approved by state law in the state where the notary office is located.

When the complementary act does not alter the financial value of the original transaction, notary offices charge the fee corresponding to a "deed without declared value" (escritura sem valor declarado). These include situations such as correcting a street name, adjusting an ID document number, or adding boundary information for a property.

When an amendment alters the property price, increases the debt amount, or inserts a new payment in kind (dação em pagamento), notary fees are calculated proportionally on the financial increase brought to the deal.

You can verify exact values directly on the official table issued by the Corregedoria Geral da Justiça (General Corregidor Office of Justice) of your state. In addition to notary fees, annotating or registering the re-ratification at the real estate registry office (registro de imóveis) generates separate registry fees.

O que acontece se o valor do negócio for declared errado na escritura?

Declaring an incorrect transaction value in a public deed compromises the accuracy of the title and may generate pending requirements during qualification by the real estate registrar (oficial de registro de imóveis) (Provimento CNJ nº 149/2023, Livro I). Provimento CNJ nº 149/2023, Livro I.

When the parties identify the error before or after registration, they must appear at the notary office (tabelionato de notas) to sign a re-ratification. This complementary deed will precisely state the actual economic amount of the transaction.

Altering the transaction value requires attention to the relevant transfer tax (ITBI for onerous property transfers or ITCMD for gifts/donations). If the corrected value is higher than initially declared, the municipality or state tax authority will demand payment of the tax difference along with statutory penalties and interest.

Failing to rectify an incorrect value prevents completion of the real estate registry qualification process, leading to a rejection note (nota de devolução) issued by the real estate registry office.

Checklist de documentos

  • [ ] Valid RG and CPF (or CNH driver's license) of all granting and receiving parties.
  • [ ] Updated marriage or birth certificate issued by the civil registry (registro civil).
  • [ ] Updated property title certificate (certidão de matrícula) (issued within 30 days).
  • [ ] Official copy (traslado) or certificate of the original public deed to be rectified or re-ratified.
  • [ ] Proof of payment of any transfer tax difference (if the financial transaction value changed).
  • [ ] Supporting documents for the information being corrected (e.g., municipal tax record certificates or personal identification documents).

Na prática

Caso 1: Divergência na grafia do sobrenome no título imobiliário

A buyer acquired an apartment through a public deed executed at a notary office (tabelionato de notas). During review at the real estate registry office (registro de imóveis), the registrar noticed that the buyer's mother's surname contained a misspelled letter compared to the birth certificate. Because the error originated in the ID card presented on the execution date, the notary drafted a deed of re-ratification requiring the buyer's attendance to resolve the discrepancy and enable registration of ownership (Código Civil, art. 1º.245). Lei nº 10.406/2002 — Código Civil, art. 1º.245.

Caso 2: Alteração na forma de pagamento após a assinatura

A seller and a buyer signed a deed of purchase and sale specifying payment in two installments. Before registration at the real estate registry office, they agreed on full payment in a single lump sum. To update the financial terms of the legal transaction, both parties returned to the notary office and executed a public deed of amendment (aditamento), modifying the payment clause and granting full discharge.

O que costuma dar errado

  • Assuming the notary can change any error alone: Mistake: Believing the notary office can alter business terms without the parties present. Correction: The notary public can only make ex officio corrections for clerical errors involving documents already filed at the notary office on the date of execution.
  • Confusing a private agreement with a public re-ratification: Mistake: Attempting to correct a public deed using a private instrument signed between the parties. Correction: Modifying a public deed strictly requires another notary act of equal legal standing (Código Civil, art. 108). Lei nº 10.406/2002 — Código Civil, art. 108.
  • Failing to present an updated marital status certificate: Mistake: Bringing outdated documents to the notary office when signing a re-ratification. Correction: Present civil registry certificates issued recently to verify current marital status.
  • Forgetting to take the re-ratification to the Real Estate Registry: Mistake: Storing the re-ratification deed at home, assuming the process ends at the notary office. Correction: Present the new deed to the real estate registry officer (oficial de registro de imóveis) for annotation (averbação) on the property's folio/matrix (matrícula).

Rodapé editorial

Editorial Team: 5º Tabelionato de Notas do Recife

Date of last legal review: October 12, 2026

Content version: 1.0 — In compliance with Lei nº 8.935/1994, Código Civil, and CNJ Regulations.

Informational content; does not replace legal advice for specific cases.

Conteúdos relacionados

Próximos passos

Serviços do Tabelionato · Notarial Acts · Ver todos os conteúdos