Cartório de Notas (Notary Public) in Brazil: Guide
Direct Answer
The Cartório de Notas (Tabelionato de Notas), also known as the Notary Public Office, is one of Brazil’s most important institutions for foreigners. Brazilian notaries have far broader powers than notaries in the United States, United Kingdom, or most other common law countries. A Brazilian notary can execute property purchase deeds, create legally binding powers of attorney, perform extrajudicial divorces and estate settlements, authenticate documents for international use (apostille), and preserve evidence through notarial records. For foreigners managing affairs in Brazil — especially remotely — the Cartório de Notas is an essential institution.
What Is the Cartório de Notas?
The Cartório de Notas (also called Tabelionato de Notas) is one of five types of cartórios in Brazil’s notarial system, regulated by Law 8.935/1994 and the 1988 Federal Constitution (Article 236). It is operated by a tabelião de notas (notary), a law graduate who obtained the position through a competitive public examination (concurso público).
Brazilian Notary vs. US/UK Notary: Critical Differences
This distinction is essential for foreigners to understand:
| Feature | Brazilian Tabelião | US Notary Public | UK Notary Public |
|---|---|---|---|
| Qualifications | Law degree + competitive public exam | Varies by state; often minimal training | Solicitor + postgraduate notarial course |
| Appointment | Lifetime, by competition | Appointed by state, renewable term | Admitted by Court of Faculties |
| Powers | Create public deeds, powers of attorney, perform divorces, settle estates, apostille | Witness signatures, administer oaths | Authenticate documents, some international functions |
| Document effect | Public faith (fé pública) — presumption of truth and validity | Verification of identity only | Authentication, not creation of rights |
| Property transfers | Execute escritura pública (required for sales > 30x minimum wage) | Not involved in property transfers | Not involved in property transfers |
| Divorce/estate | Can perform extrajudicial divorce and estate settlement | Not authorized | Not authorized |
The key difference: a Brazilian notary creates legal facts, while a US notary merely witnesses them. Documents executed at a Cartório de Notas carry fé pública (public faith) — they are presumed true and valid unless proven otherwise in court.
Procuração (Power of Attorney)
For foreigners, the procuração (power of attorney) is arguably the most important service at the Cartório de Notas. It allows you to appoint someone to act on your behalf in Brazil — essential if you are managing affairs remotely from abroad.
Types of Power of Attorney
Procuração Pública (Public Power of Attorney)
- Executed at the Cartório de Notas before the tabelião
- Recorded in the cartório’s books (livro de notas)
- Has fé pública — accepted by all institutions without question
- Required for: property transactions (buying/selling), representation before government agencies (Federal Police, Receita Federal), judicial representation
- Cost: R$200-500 depending on complexity and state
Procuração Particular (Private Power of Attorney)
- Signed privately between the parties
- May require reconhecimento de firma (signature authentication) at a Cartório de Notas
- Accepted for simpler matters but not valid for property transactions or government representation
- Cost: free to create (plus R$10-30 for signature authentication if needed)
Powers of Attorney for Foreigners Abroad
If you are outside Brazil and need to grant a power of attorney for use in Brazil, you have several options:
-
At a Brazilian consulate — Brazilian consulates can execute procurações with the same effect as those done at a Cartório de Notas in Brazil. Contact your nearest Brazilian consulate.
-
At a local notary + apostille — Execute a power of attorney before a notary in your country, have it apostilled (if your country is a Hague Convention member), then sworn-translated in Brazil. This works but is slower and more expensive.
-
Via e-Notariado (digital platform) — Since 2020, certain procurações can be executed remotely via the e-Notariado platform through videoconference. See the e-Notariado section below.
Common Uses for Foreigners
- Property purchase/sale — authorizing a lawyer to execute the escritura at the Cartório de Registro de Imóveis on your behalf
- Immigration proceedings — authorizing a lawyer to represent you before the Federal Police or Ministry of Justice
- Company management — authorizing a local partner or attorney to manage corporate affairs at JUCESP or Receita Federal
- Bank account management — authorizing someone to operate your Brazilian bank account
- Tax matters — authorizing a CPA (contador) to file tax returns at Receita Federal
Escritura Pública (Public Deed)
The escritura pública is a formal public document created by the notary, recording a legal act between parties. It is the foundational instrument for property transactions in Brazil.
When an Escritura Pública Is Required
Under Article 108 of the Civil Code (Law 10.406/2002), a public deed is mandatory for any legal act involving the transfer of real property rights when the property value exceeds 30 times the minimum federal wage (approximately R$42,360 in 2026). In practice, virtually all property transactions require an escritura pública.
Types of Escritura Pública
- Escritura de compra e venda — sale/purchase deed (most common for property transactions)
- Escritura de doação — donation deed
- Escritura de permuta — exchange deed (property swap)
- Escritura de cessão de direitos — assignment of rights
- Escritura de inventário e partilha — estate settlement deed (extrajudicial inheritance)
- Escritura de divórcio — divorce deed (extrajudicial divorce)
Process for Property Purchase
- Both buyer and seller (or their attorneys with power of attorney) appear at the Cartório de Notas
- Present all required documents (identification, CPF, marriage certificates, property certidões)
- The notary drafts the escritura based on the agreed terms
- Both parties review and sign
- The notary authenticates and records the document in the livro de notas
- Certified copies are issued to both parties
Important: The escritura alone does not transfer property ownership. It must be taken to the Cartório de Registro de Imóveis for registration on the matrícula. Only then is ownership legally transferred.
Ata Notarial (Notarial Record of Facts)
The ata notarial is one of the most powerful and underutilized tools available to foreigners in Brazil. It is a notarial record in which the tabelião personally verifies and records facts, creating evidence with fé pública.
Common Uses
- Preserving digital evidence — screenshots of defamatory social media posts, WhatsApp conversations, website content. The notary accesses the content in real time, verifies it, and records it. This is admissible as strong evidence in Brazilian courts (Article 384, CPC).
- Recording property condition — documenting the state of a rental property at move-in or move-out. Useful for security deposit disputes.
- Verifying possession — for adverse possession (usucapião) claims, an ata notarial can document continuous possession.
- Confirming facts for legal proceedings — any factual situation that might be disputed later.
- Recording statements — witnesses’ declarations about events they observed.
Process
- Visit a Cartório de Notas and request an ata notarial
- Explain what facts you need recorded
- The notary personally verifies the facts (visits the location, accesses the website, views the messages)
- The notary drafts the ata notarial, describing what was observed
- The document is signed, recorded, and certified copies issued
Cost: R$300-1,500+ depending on complexity and state. Simple atas (single screenshot) are cheaper; complex atas (property inspections, multiple websites) cost more.
Why foreigners should know about this: If you face a contract dispute, landlord conflict, online defamation, or need to preserve evidence of any kind, the ata notarial is often faster, cheaper, and more effective than going to court for a preliminary injunction.
Autenticação and Reconhecimento de Firma
These are two of the most commonly used services at Cartórios de Notas in Brazil:
Autenticação (Certified Copy)
The notary compares a copy of a document to the original and certifies that the copy is faithful. The authenticated copy (cópia autenticada) is accepted by all institutions as equivalent to the original.
- When needed: submitting documents to government agencies, courts, banks, or other institutions that require original documents you cannot leave behind
- Process: bring the original and the copy to the cartório; the notary stamps and certifies the copy
- Cost: R$5-10 per page
- Digital alternative: since Law 14.382/2022, many institutions accept digital copies uploaded through gov.br; however, authenticated copies are still widely required
Reconhecimento de Firma (Signature Authentication)
The notary verifies that a signature on a document matches the signer’s registered signature card (ficha de firma) held at the cartório.
Two types:
- Por semelhança (by similarity) — the notary compares the signature to the card on file. Signer does not need to be present. Less secure.
- Por autenticidade (by authenticity) — the signer signs the document in the presence of the notary. This is required for more sensitive documents.
To register your firma (signature):
- Visit any Cartório de Notas with your identification (passport + CPF for foreigners)
- Provide a signature sample that is recorded on a card (ficha de firma)
- Pay R$10-30 for registration
After registration, you can have your signature authenticated at that cartório. Some cartórios participate in interconnected systems allowing authentication at any participating office.
Cost: R$10-30 per signature authentication.
Apostilamento (Apostille of the Hague)
Since Brazil joined the Hague Apostille Convention in 2016, Cartórios de Notas have been authorized to issue apostilles for Brazilian documents intended for use abroad.
What Is an Apostille?
The apostille is a standardized certificate that authenticates the origin of a public document, making it valid in any of the 125+ countries that are members of the Hague Convention. It replaces the older, more cumbersome process of consular legalization.
Process
- Bring the original Brazilian document to any Cartório de Notas authorized to issue apostilles
- The notary verifies the document’s authenticity
- The notary affixes the apostille — a standardized page attached to or stamped on the document
- The apostilled document is valid for use in any Hague Convention member country
Key Points for Foreigners
- Cost: R$100-200 per document (varies by state)
- Processing: usually same-day for standard documents
- What can be apostilled: birth certificates, marriage certificates, death certificates, court orders, diplomas, powers of attorney, corporate documents, and any other Brazilian public document
- The apostille does NOT translate the document — you still need a certified/sworn translation for use in countries that don’t accept Portuguese
- For apostilling foreign documents for use in Brazil: the apostille must be affixed in the country of origin, then the document must be sworn-translated in Brazil
Documents from Non-Hague Countries
If your documents are from a country that is not a member of the Hague Convention, the apostille process does not apply. Instead, you need consular legalization — a more complex procedure involving:
- Authentication by the relevant authority in the country of origin
- Legalization by the Brazilian consulate/embassy in that country
- Sworn translation in Brazil
Countries not in the Hague Convention include several African and Middle Eastern nations. Check the HCCH member list to verify your country’s status.
Extrajudicial Divorce and Estate Settlement
Since Law 11.441/2007, Cartórios de Notas can perform divorces and estate settlements (inventários) without going to court, when specific conditions are met. This is a major advantage for foreigners seeking faster, cheaper resolution of family law matters.
Extrajudicial Divorce at Cartório de Notas
Requirements:
- Both spouses consent to all terms (property division, alimony, child custody if applicable)
- No minor or incapacitated children (or: minors’ interests are already resolved by court order)
- Both parties are represented by an attorney (can be the same attorney if no conflict)
Process:
- Attorney drafts the divorce terms
- Both spouses appear at the Cartório de Notas (or via power of attorney/videoconference)
- Notary reviews the agreement and executes the escritura pública de divórcio
- Divorce is effective immediately upon execution
- The divorce is then registered at the Cartório de Registro Civil where the marriage was registered
Timeline: 1-5 business days (compared to months or years for judicial divorce) Cost: R$500-2,000 in emolumentos (plus attorney fees)
For foreigners going through international divorce, the extrajudicial route is often the fastest option if both parties agree.
Extrajudicial Estate Settlement (Inventário Extrajudicial)
Requirements:
- All heirs are of legal age and in agreement
- No disputes about the estate or inheritance shares
- There is no will (or the will has already been judicially validated)
- All parties represented by attorneys
Process:
- Attorney gathers all required documents (death certificate, asset inventory, heir identification)
- All heirs appear at the Cartório de Notas
- Notary executes the escritura pública de inventário e partilha (estate settlement deed)
- Property transfers are registered at the respective Cartório de Registro de Imóveis
Timeline: 30-90 days (compared to 1-3 years for judicial inventário) Cost: emolumentos vary by estate value (typically 1-2% of estate value) plus attorney fees
For international inheritance matters involving foreign heirs, the extrajudicial route requires additional documentation (apostilled documents, sworn translations) but is significantly faster than the judicial alternative.
e-Notariado: Brazil’s Digital Notary Platform
The e-Notariado platform, launched by the Colégio Notarial do Brasil, is a digital platform that allows certain notarial acts to be performed remotely via videoconference. This is a transformative tool for foreigners who are outside Brazil.
Available Services
- Procuração pública (power of attorney) — execute remotely via videoconference
- Escritura pública — certain types, with notary discretion
- Ata notarial — for digital facts that can be verified remotely
- Autenticação de cópias — digital certified copies
- Apostille — for documents that can be verified electronically
How It Works
- Access e-notariado.org.br and create an account
- Select the service and the Cartório de Notas you want to use
- Upload required documents digitally
- Schedule a videoconference with the tabelião
- During the videoconference, the notary verifies your identity and the documents
- The notarial act is executed digitally with electronic signatures (ICP-Brasil certificate)
- The digital document has the same legal validity as a physical one
Requirements
- Digital certificate (certificado digital ICP-Brasil) — can be obtained from accredited certifying authorities. For foreigners, this requires a CPF and valid identification.
- Webcam and microphone for videoconference
- Valid identification visible on camera
Limitations
- Not all notarial acts are available digitally — more complex transactions may still require in-person appearance
- The tabelião has discretion to require in-person presence if identity verification is insufficient
- Some institutions (banks, government agencies) may not yet accept digital notarial documents, though acceptance is expanding rapidly
Practical Tips for Foreigners
Which Cartório de Notas to Use
Unlike the Cartório de Registro Civil (tied to district) or Cartório de Registro de Imóveis (tied to property location), you can use any Cartório de Notas in Brazil for most services. Choose based on:
- Proximity to your location
- Language support (some larger cartórios in São Paulo and Rio have staff who speak English)
- Availability of e-Notariado services
- Processing speed
Language Requirements
All documents at the Cartório de Notas are in Portuguese. If you do not speak Portuguese:
- Bring a sworn interpreter (intérprete juramentado) for signing acts — this is legally required
- Have all foreign documents sworn-translated before arriving
- The interpreter’s participation is recorded in the notarial act
Costs Overview
| Service | Typical Cost Range |
|---|---|
| Procuração pública (power of attorney) | R$200-500 |
| Escritura pública de compra e venda (property deed) | 0.5-1.5% of property value |
| Ata notarial | R$300-1,500+ |
| Autenticação (certified copy) | R$5-10 per page |
| Reconhecimento de firma (signature authentication) | R$10-30 |
| Apostille | R$100-200 per document |
| Escritura de divórcio (divorce deed) | R$500-2,000 |
| Escritura de inventário (estate settlement) | 1-2% of estate value |
All fees are regulated by the state judiciary and are not negotiable. Always request a receipt (recibo).
Connections to Other Institutions
- Cartório de Registro Civil — divorce deeds executed at the Notas must be registered at the Registro Civil
- Cartório de Registro de Imóveis — property deeds executed at the Notas must be registered at the Imóveis
- Brazilian Consulates — consulates can execute notarial acts equivalent to Cartório de Notas
- JUCESP / Junta Comercial — corporate powers of attorney for company management
- Federal Police — powers of attorney for immigration representation
- Prefeitura Municipal — some municipal processes require notarized documents
When to Consult a Lawyer
While you can visit a Cartório de Notas directly for routine services (certified copies, signature authentication, apostille), you should consult a lawyer for:
- Powers of attorney — to ensure the scope is correct and you are not granting excessive powers
- Property deeds — the notary executes but does not advise; your attorney protects your interests
- Extrajudicial divorce — required by law; attorney participation is mandatory
- Estate settlements — complex asset division, tax implications, and international inheritance issues
- Ata notarial — to ensure the evidence preserved is legally useful for your specific case
Our team at ZS Advogados regularly assists foreigners with notarial matters in Brazil, from powers of attorney for immigration proceedings to property deeds for real estate transactions. Contact us for assistance.
This article is for informational purposes only and does not constitute legal advice. Each case has specific circumstances that should be analyzed by a qualified attorney.
