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Brazilians abroad · SPD Advocacia

Living in Portugal? We handle divorce, probate, deeds and INSS applications in Brazil

The firm handles divorce and probate, executes property deeds and applies for retirement under the Brazil-Portugal agreement, while you are in Portugal.

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What does the firm do in Brazil for those living in Portugal?

The most common requests are divorce, parents' probate, property sales, certificates for applications in Portugal and retirement. Almost everything moves forward through a power of attorney, which can be signed at the Brazilian consulates-general in Lisbon, Porto and Faro or before a Portuguese notary with apostille. The firm drafts the text and handles the act in Brazil.

Portugal has been a party to the Hague Apostille Convention since 1969, and Brazil since 2016 (Decree 8.660/2016). So the Brazilian certificate goes to Portugal with an apostille issued by a registry office in Brazil, and the Portuguese document comes to Brazil with an apostille issued there. Brazil and Portugal are also parties to the Hague Conventions on child abduction (1980) and child support recovery (2007). A word of caution: to take effect in Portugal, a divorce granted in Brazil may need review and confirmation by a Portuguese court. Anything that depends on Portuguese law is not part of the service; we tell you before you engage us.

For social security, the Brazil-Portugal Social Security Agreementapplies, in force since 1995 (Decree 1.457/1995) and expanded by the Additional Agreement (Decree 7.999/2013). It allows contribution periods in both countries to be added together for disability, old-age and survivor benefits. The firm files the application with the INSS. A child born in Portugal to a Brazilian father or mother is a native-born Brazilian if registered at a Brazilian consular office (Constitution, art. 12, I, c).

What the law says

Key points

Power of attorney

It can be done at the Brazilian consulates in Lisbon, Porto and Faro or before a Portuguese notary with apostille.

Apostille

Portugal and Brazil are parties to the 1961 Hague Convention. The certificate gets an apostille, without consular legalization.

Social security

The Brazil-Portugal agreement allows contribution time to be added together for disability, old-age and survivor benefits.

Divorce

Without minor or incapacitated children, an uncontested divorce can be done at the consulate, with a lawyer.

Sources: Federal Constitution, art. 12, I, c; Law of Introduction to the Norms of Brazilian Law, art. 18; Law 12.874/2013; Decree 8.660/2016 (Hague Apostille); Decree 3.413/2000 (1980 Hague Convention); Decree 9.176/2017 (2007 Hague Convention); Decree 1.457/1995 (Brazil-Portugal Social Security Agreement); Decree 7.999/2013 (Additional Agreement); Hague Conference (HCCH); Ministry of Social Security; Ministry of Foreign Affairs (e-consular).

What is your case?

Situations the firm handles

Divorce

Divorce for those living in Portugal

Divorce at a notary office or in court in Brazil, or a deed at the consulate with a lawyer.

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Inheritance

Probate with an heir in Portugal

Probate at a notary office or in court, and you only sign the power of attorney, wherever you are.

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Court cases

Court cases in Brazil

Defense in lawsuits, debt collection and proceedings before the Revenue, the INSS and the Detran, through a power of attorney.

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INSS

Retirement under the Brazil-Portugal agreement

INSS application adding up the contribution time in both countries.

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Property

Sale or rental of property in Brazil

Deed by attorney-in-fact, lease and regularization.

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Power of attorney

Power of attorney for use in Brazil

We draft the text with the right powers and check it before signing.

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This page provides general information, does not replace an analysis of the case and does not guarantee results.

Step by step

How the firm works

  1. Request. You tell us about the case and send the documents through the form on this page.
  2. Proposal. We send in writing what will be done and the fees, before any engagement.
  3. Contract. You sign the contract and the power of attorney electronically, wherever you are.
  4. Delivery. We deliver the divorce, the probate, the apostilled certificates, the deed or the filed INSS application, depending on the service engaged, with updates on WhatsApp.
5,000+ cases handledTen years in practicePractice before the STJ and STFFeatured in G1, UOL, Estadão and TV Globo

Case analysis

Let's analyze your case

Answer the questions one at a time. At the end you can attach documents, which go straight to a folder in the firm's Drive, and send the summary on WhatsApp. Everything is protected by attorney-client confidentiality.

Common questions

Frequently asked questions

What exactly do you deliver?

Divorce at a notary office, in court or at the consulate, probate, Brazilian certificates issued, corrected and apostilled, the drafted power of attorney, the property deed or lease and the INSS application under the Brazil-Portugal agreement.

Do you practice Portuguese law?

No. The firm practices Brazilian law. Anything that depends on Portuguese law is not part of the service; we tell you before you engage us.

Is a divorce granted in Brazil valid in Portugal?

To be valid in Portugal, the Brazilian decision may need review and confirmation by a Portuguese court. Anything that depends on Portuguese law is not part of the service; we tell you before you engage us. We deliver the Brazilian deed or judgment and the apostilled certificates.

Does time worked in Portugal count for the INSS?

It can. The Brazil-Portugal agreement allows contribution periods in both countries to be added together for disability, old-age and survivor benefits. We file the application with the INSS.

Do I need to come to Brazil?

In most cases, no. The power of attorney can be done at the consulates in Lisbon, Porto or Faro or before a Portuguese notary with apostille, and the rest moves forward in Brazil with the firm.

How much does it cost?

After the analysis, the firm sends a written fee proposal, before any engagement. Notary, consulate and translation fees are paid separately, to whoever provides the service.

Lawyer in Brazil for Brazilians living in Portugal

SPD Advocacia handles the Brazilian side for those living in Portugal: divorce, probate, apostilled certificates, power of attorney, property deeds and retirement applications under the Brazil-Portugal agreement, with remote service and electronic signature.

Countries with an agreement

How payment works

Responsible lawyers

  • Sidnei Pedro Dias OAB/GO 48.603 · OAB/DF 68.207 · OAB/SP 501.693 · leads the firm’s cases
  • Adrielle Oliveira OAB/GO 76.298 · civil, family, business and international matters
  • Eduardo Prado OAB/GO 59.836 · criminal and electoral law

Online service throughout Brazil and for Brazilians abroad. Own office in Anápolis, Goiás, Brazil: Av. Juscelino Kubitschek, 500, Genesis Office, rooms 1506 and 1507. About the firm →