The general function of notaries, regardless of the country you are in, is to provide an increased sense of certainty relating to documents and the transactions that involve those documents. There are many areas of business, finance, and family life where it is important to be confident in the authenticity of a document and to know exactly who you are dealing with. That’s where the notary comes in.
Unlike in the United States, for example, a notary in Brazil is a required part of most business transactions. To be accepted, most documents have to first pass by a notary for its stamp of approval.
Notaries provide all of the parties involved in a transaction with a layer of safety against fraud. This extra comfort may be desired by the parties or, as if often the case, required by government entities and agencies.
Notaries in Brazil are referred to as tabeliões. They are legal professionals who are officially empowered by Brazilian states to perform a variety of notarial activities. The most common notarial activities include those relating to real property transactions, family law, powers of attorney, wills, protesting of bills, recognition of signatures, and authentication of copies of documents.
Recognizing Signatures
The recognition, or notarization, of signatures is one of many functions provided by a notary. In Brazil, the official term for notarizing a signature is “reconhecimento de firma.” Once a party’s signature is on file with a notary office, any document can be signed and then taken to that same notary office to be notarized. Once the notary is satisfied with the identity of the signing party (accomplished by comparing the signature on the document to the signature on file), the notary will witness the signature and notarize the document.
Authenticating Copies
Notaries are also needed to authenticate copies, known in Portuguese as “cópias autenticadas.” An original document can be brought to the notary office, where a copy will be made by the notary and the notary will then attest to the authenticity of the copy. Most often an authenticated copy will serve the same purpose and have the same legal effect as an original.
The Public Deed
The official act of a notary is called a public deed or “escritura pública.” The public deed, which must be drafted in Portuguese, must also be read aloud to the parties. The original version of the public deed is kept in the notary’s possession while the parties receive an authentic copy referred to as a duplicate. Certified copies can also be provided by the notary, and they have the same legal effect as the duplicate.
Public deeds are essential to the validity of a wide range of matters, including the transfer of real estate, prenuptial agreements, and wills. Most recently, notaries in Brazil have been given the authority by the National Council of Justice to register same-sex civil unions as marriages.
