An instrument granting the attorney power to represent the client in court, per CPC art. 105. It must be presented at the first procedural act and must contain the attorney's OAB registration number and full address (CPC art. 105, §2).
Generate ad judicia, ad negotia, and full powers of attorney, with the nine CPC art. 105 special powers selectable one by one.
A power of attorney is the instrument of the mandate: the grantor appoints an agent and confers powers to act in their name (Civil Code art. 653 et seq.). An ad judicia (et extra) power authorizes the attorney to represent the grantor in court and must be presented at the first procedural act (CPC art. 105); an ad negotia power covers extrajudicial acts, business, and contracts; and a full-powers instrument combines the two. The general powers of the ad judicia clause, file suits, answer, appeal, sign petitions, request urgent measures, come in the template, but the nine special powers listed in CPC art. 105 (receive service of process, confess, acknowledge the merit of the claim, settle, withdraw, waive the right underlying the claim, receive and give discharge, execute a settlement agreement, and sign a declaration of economic hardship) are only valid if expressly selected: they are dispositive acts, and the law requires a specific clause for each one. A private instrument does not require a notarized signature to be valid, though notarization is advisable; acts involving real property over 30 minimum wages, however, require a public deed drawn up at a notary's office (CC art. 657). This tool assembles the text from the parties, the type, and the chosen clauses, as a starting point to review, it does not replace a lawyer's guidance.
Every power of attorney arises from the Civil Code's mandate (art. 653 et seq.): someone, the grantor, entrusts another, the agent, with performing acts in their name. What changes between the types is the field of action. Ad judicia et extra enables the attorney to act in court, and it is what instructs the initial petition (CPC art. 105); ad negotia serves extrajudicial acts, such as signing contracts and representing in business; full powers combines both fronts.
In judicial powers, there is an automatic floor and a ceiling that depends on a clause. The general powers, file suits, answer, appeal, sign petitions, request urgent measures, come by default. The nine special powers to dispose of the right, listed in CPC art. 105, are only valid if expressly written into the instrument.
CPC art. 105 lists, exhaustively, the acts a general power of attorney for the forum does NOT automatically cover: receive service of process, confess, acknowledge the merit of the claim, settle, withdraw, waive the right underlying the claim, receive and give discharge, execute a settlement agreement, and sign a declaration of economic hardship. These are nine dispositive acts, acts that can end the case or give up a legal position of the grantor's, which is why the law requires them to be expressly stated in the instrument.
This tool keeps these nine powers separate from the general powers in the generated text, in their own block ("PODERES ESPECIAIS"), including only the ones you check. That avoids accidentally granting, for example, the power to settle or to waive the underlying claim, which many generic templates include by default without the client having consciously decided to.
The private instrument is sufficient for judicial acts and for most transactions, and needs no notarized signature to be valid, although notarizing the signature adds security. But there is an important exception: acts involving real property over 30 minimum wages require a power of attorney by public deed, drawn up at a notary's office (CC art. 657). Before using the template for such an act, check the required form.
A power of attorney has no fixed legal term (CC art. 682): it lasts until it is revoked, the scope is fulfilled, or the mandate is extinguished, and the grantor's death, as a rule, extinguishes it. Since each act may have its own requirements of form and powers, treat the generated text as a draft and confirm with a lawyer before signing and filing.
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></iframe>These references help contextualize formulas, standards, APIs and limitations used on this page. They do not replace professional validation when a result has legal, financial, medical or operational impact.
An instrument granting the attorney power to represent the client in court, per CPC art. 105. It must be presented at the first procedural act and must contain the attorney's OAB registration number and full address (CPC art. 105, §2).
Generates a private instrument power of attorney. For acts requiring a public deed (real property over 30 minimum wages), the instrument must be notarized.