Power of attorney from abroad for a property in Brazil

A power of attorney (procuração) is what allows a person in Brazil — a relative, a friend or a professional — to act for you when you cannot be there. For property, it is often the single most important document of the whole process, and also the one that causes the most delays when it is done the wrong way.

Why the form matters

Brazilian law requires that a power of attorney follow the form of the act it authorizes. Since the sale of a property is formalized by a public deed, the notary will normally require a public power of attorney (procuração por instrumento público) — one made before a notary or a consular officer — and not a simple signed letter.

For other acts, such as renting out, representing you before the condominium or requesting certificates, a private power of attorney with a recognized signature may be accepted. Always ask the office that will receive the document what it requires.

Option 1: at a Brazilian consulate

Brazilian consulates can issue public powers of attorney. The advantages are clear: the document is in Portuguese, follows the Brazilian format and needs no apostille or translation. In exchange, you usually need an appointment, and you may have to travel to the consulate that serves your area.

Prepare in advance the full details of the attorney-in-fact (name, nationality, marital status, profession, CPF, ID and address) and of the property (address and matrícula number with the registry office).

Option 2: at a local notary, with apostille and translation

You can also sign the power of attorney before a notary in the country where you live. For it to be valid in Brazil:

1. it must be apostilled under the Hague Apostille Convention (if your country is a member), or legalized by the consulate otherwise;
2. if it is not in Portuguese, it needs a sworn translation (tradução juramentada) made in Brazil;
3. some offices also ask for it to be registered at a Registry of Titles and Documents before use.

This route avoids the consulate but adds steps. Check with the Brazilian notary who will draw up the deed whether they will accept the format before you sign anything.

Option 3: electronic notarial acts

Brazilian notaries can perform certain acts electronically, with identity verification by videoconference and a digital signature. Depending on your documents and the notary’s procedures, this may allow you to sign a power of attorney — or even the deed itself — without a consulate visit. Ask the notary early; requirements change and not every case fits.

What to write in it

A good property power of attorney is specific:

• identifies the property precisely (address and matrícula);
• lists the acts allowed: for example, sign a purchase agreement, receive a deposit, sign the deed, sign ITBI and registry forms, deal with the condominium and the city hall;
• states the minimum price or the conditions, if you want to limit the negotiation;
• says where the money must be deposited — ideally an account in your name;
• has an end date.

Avoid generic powers “to manage all my assets” unless there is a real need and a very high level of trust.

Risks and how to reduce them

• Choose the right person. The attorney-in-fact can sign in your name. Trust and understanding of the task matter more than proximity.
• Payments to your account. Require that the price be paid to an account held by you, not by the representative.
• Revocation. You can revoke a power of attorney, but the revocation must reach the notaries and the people involved. Keep track of where copies were used.
• Expiry in practice. Many notaries only accept a power of attorney issued recently or with an updated certificate. If it was signed long ago, ask for an updated certificate from the issuing office.

Taxes: one more reason to plan

When the seller lives abroad, the attorney-in-fact in Brazil may become responsible for collecting the tax on the capital gain. Your representative should know this before signing — see capital gains tax for non-residents.

Next step

Before signing, send the draft to the notary or lawyer in Brazil who will use it, and confirm your CPF is regular. If you are not sure which powers you need for your case — sale, rental or inheritance — tell us about it in the consultation form and you will get an answer by e-mail.