Escritura pública: the notarial deed in a Brazilian sale

The rule behind it

Art. 108 of the Civil Code says: “a escritura pública é essencial à validade dos negócios jurídicos que visem à constituição, transferência, modificação ou renúncia de direitos reais sobre imóveis de valor superior a trinta vezes o maior salário mínimo vigente no País”, meaning the public deed is essential to the validity of legal acts that create, transfer, change or give up real rights over property worth more than 30 times the highest minimum wage in force in the country. The minimum wage for 2026 is R$ 1,621.00 from 1 January 2026 (Decreto 12.797/2025, art. 1), so the threshold is R$ 48,630.00. Note the word “essential to validity”: above the threshold, a sale made only by private paper is not a valid sale of the property.

If a property is below the threshold, a private instrument can be used, but the registry accepts only the kinds of documents the registry law lists: public deeds, including those drawn at Brazilian consulates, private instruments authorised by law with signatures, witnesses and notarised signatures, and foreign official acts that have been legalised and translated (Lei 6.015, art. 221).

What the notary must see

Two federal texts fix what the notary records. Lei 7.433/1985, art. 1, § 2, says the notary “consignará no ato notarial a apresentação do documento comprobatório do pagamento do Imposto de Transmissão inter vivos, as certidões fiscais e as certidões de propriedade e de ônus reais”, meaning he notes in the deed the proof of ITBI payment, the tax certificates and the certificates of ownership and encumbrances, without having to transcribe them. Decreto 93.240/1986, art. 1, lists:

• the identification of the parties, “quando julgados necessários pelo Tabelião” (when the notary thinks them necessary);
• the proof of ITBI payment, except where a law allows payment after the deed;
• tax certificates: for urban property, those for the taxes on the property; for rural property, the INCRA registration certificate and proof of the latest rural land tax;
• the certificate of real and “reipersecutórias” actions about the property and the certificate of real encumbrances, both from the competent property registry, valid 30 days for this purpose;
• any other document a law requires.

Which of those you actually need, and which are only prudent, is explained in due diligence certificates. The tax part is in the ITBI guide.

What goes in the deed

For an urban property whose description appears in the registry’s certificate, the deed can simply carry the registration or matrícula number, the full location (street, number, district, city, state) and the documents above, without repeating the description (Lei 7.433, art. 2, § 1). The deed names the parties, the price and the form of payment, and states that the seller is the owner shown on the matrícula. Where a seller is married, the spouse also appears; see spousal consent. A buyer abroad can sign through an attorney: see power of attorney from abroad; a party who does not speak Portuguese is covered in sworn translation and interpreter at the deed. The owner’s tax number (CPF) is part of the identification on the matrícula (Lei 6.015, art. 176); see CPF for foreigners.

Three points that surprise foreign buyers:

1. The seller is on the hook for undisclosed actions. Decreto 93.240, art. 1, § 3, says that presenting the certificates does not release the seller from declaring in the deed, “sob pena de responsabilidade civil e penal” (on pain of civil and criminal liability), any other real actions and encumbrances on the property.
2. The buyer can waive the tax certificates. For urban property the buyer may dispense with the property-tax certificates and then “responderá, nos termos da lei, pelo pagamento dos débitos fiscais existentes” (is liable for any existing tax debts; art. 1, § 2).
3. A seller’s statement can stand in for a clearance. Lei 7.433, art. 2, § 2, treats the declaration made by the seller or his attorney, under penalty of law, as “prova de quitação” (proof of payment) for the purpose of art. 4 of Lei 4.591/1964, to be recorded in the deed. In a condominium, the buyer answers for the seller’s condominium debts (Código Civil, art. 1.345), so ask the condominium for its own statement as well; see condominium fees and rules.

What the deed does not do

It does not transfer ownership. Código Civil art. 1.245 provides that ownership between living persons passes by registering the title in the property registry, and until then the seller is still reputed to be the owner. The deed is what you lodge at the registry; see registering the purchase. Lei 13.097/2015, art. 54, protects a buyer in good faith against what is not on the matrícula, and it states that the validity of the transaction and the buyer’s good faith do not depend on other certificates than those in Lei 7.433, nor on court-distributor certificates (§ 2). The deed is therefore the moment where the correct file is built, not a substitute for the registry.

Which professional to consult

The notary is the only professional who can draw the public deed. A lawyer registered with the OAB reviews the draft deed for you and can sign as your attorney if you cannot be present; see the property-lawyer page. A sworn translator (tradutor público) translates documents for the file.