By Summary
Yes. Since 2020, Brazilian notary offices have issued public deeds and public powers of attorney by video call through the e-Notariado platform, created by the National Council of Justice (CNJ Provision 100/2020, now part of the National Code of Extrajudicial Rules). A Brazilian living abroad joins the session with the notary by video and signs with a digital certificate, with no consulate visit and no travel. This route works for a public power of attorney, a property sale, a probate and a divorce handled by a notary, as long as the case meets the legal requirements to be done out of court. Rocha Advogados, based in Goiânia, Brazil, prepares the draft, deals with the notary office and follows the session for Brazilians in any country.
I live abroad: can I sign a deed in Brazil by video call?
Yes. A Brazilian living abroad can sign a public deed and a public power of attorney in Brazil by video call, through the e-Notariado platform, run by the Brazilian Notarial College and regulated by the National Council of Justice (CNJ Provision 100/2020, now part of the National Code of Extrajudicial Rules). The deed has the same legal value as one signed at the notary's counter. Rocha Advogados, based in Goiânia, Brazil, arranges this for Brazilians in any country, with lawyers Rafael Bispo da Rocha, OAB/GO 33.675, and Ivenise Uchôa de Almeida Rocha, OAB/GO 59.087.
What can be done through e-Notariado?
e-Notariado covers the acts a Brazilian notary performs. The four most requested by people living abroad are these. The public power of attorney, required when the main act needs a deed (Civil Code, art. 657). The deed of sale of a property. The probate before a notary, when the heirs agree (Code of Civil Procedure, art. 610). And the divorce before a notary, when the couple agrees (Code of Civil Procedure, art. 733).
For a lawsuit, none of this is needed. The power of attorney for the lawyer to act in court is signed digitally, with no notary and no consulate (Code of Civil Procedure, art. 105).
How does signing by video work?
The notary schedules a video call, checks the identity of the signer, reads the core of the act and asks whether the person agrees with what is written. The session is recorded and archived. Each party then signs the electronic document with a digital certificate: the notarized certificate, issued by the notary after identification, or an ICP-Brasil certificate the person already holds.
Before the session, the lawyer and the notary office prepare the draft with the documents already checked. On the day, the act usually takes a few minutes, and the time zone of the person abroad is considered when scheduling.
Which notary office can perform the act?
Not any notary office in the country. The National Code of Extrajudicial Rules sets territorial rules for electronic acts, which depend on the type of act and, for property, on where the property is and where the parties live. The firm checks this rule before choosing the notary office, because a deed signed before a notary without jurisdiction can be refused by the property registry.
How much does a deed by video cost?
The notary charges fees according to the state table, the same as for an in-person act. Taxes are separate: ITBI on a property sale and ITCMD on inheritance and gifts, each with its own municipal or state rules. The lawyer's fees are agreed in writing before work begins.
Step by step to sign a deed by video while living abroad
- Make sure your CPF is in good standing, since the notary and the Federal Revenue require it.
- Have a valid passport or ID and, if applicable, an updated marriage certificate.
- Send the lawyer the documents for the act in PDF, such as the property record, the death certificate or the marriage certificate.
- The lawyer checks whether the case can be done before a notary and chooses the competent notary office.
- The notary office and the lawyer prepare the draft and send it for you to read calmly.
- You join the video call with the notary at the scheduled time.
- You sign with the digital certificate, and the notary office delivers the electronic deed.
- The lawyer takes the deed to the property registry, the bank or the agency that needs it.
When does e-Notariado not solve it?
When the heirs or the couple do not agree, when there is a minor or incapacitated heir without the requirements the CNJ sets for notary handling, or when the notary cannot confirm the person's identity by video. In these cases the route is the consulate, a foreign notary with an apostille (Decree 8,660/2016) or a court case. In Rocha Advogados' experience, the most common doubt among people living abroad is thinking every act requires the consulate, when a video session often solves it.
Frequently asked questions
Do I need to go to the consulate for a public power of attorney?
Not always. A public power of attorney can be done by video call through e-Notariado, with a notary in Brazil. The consulate remains an option for those who prefer in-person service.
Is a deed signed by video as valid as one signed at the notary office?
Yes. An electronic act through e-Notariado has the same public faith as an in-person act, under CNJ rules.
Can I sell my property in Brazil through e-Notariado?
Yes, if the property and documents are in order and the notary office has jurisdiction for the act. ITBI and registration at the property registry are still required.
Can my father's probate be done by video call?
Yes, when all heirs agree and the case meets the requirements to be done before a notary (Code of Civil Procedure, art. 610). Each heir can join from wherever they are.
Can I be served in English?
Yes. Rocha Advogados works in Portuguese and English.
This content is for information only and does not replace advice on your specific case. No outcome is guaranteed, in line with Brazilian Bar Provision 205/2021.
Rocha Advogados, a law firm in Goiânia, Brazil, serving Brazilians living abroad. Av. D, 419, 4th floor, Setor Marista. Lawyers in charge: Rafael Bispo da Rocha, OAB/GO 33.675, and Ivenise Uchôa de Almeida Rocha, OAB/GO 59.087. Online service for Brazilians in any country and in-person service in Goiânia.