Professional councils · SPD Advocacia
Living abroad and having a problem with your professional council? We file your defense, appeal and requests in Brazil, without you traveling
Ethics proceeding, annual fee charged or tax enforcement by CREA, CAU, CRM, CRO, COREN, CRC, CRF, CRMV or CRP: the firm files the defense, appeal or request with the council and, when applicable, the action in the Federal Courts, through a power of attorney.
What happens to the council registration of someone living outside Brazil?
The registration remains, and with it the ethics proceeding and the annual fee. In ethics proceedings, the Constitution guarantees the right to be heard and a full defense in administrative proceedings too (art. 5, LV). The case proceeds before the regional council, with an appeal to the federal council. At the CFM, service can be made wherever the physician is, preferably by email or messaging app, and a party living outside the CRM's area can be heard by video call (CFM Resolution 2.306/2022, arts. 41 and 71). The defense can be handled by a lawyer with a power of attorney.
Liability for an ethical violation expires after 5 years, counted from the date the fact was verified (Law 6.838/1980, art. 1). Notice to the professional interrupts the period, and a proceeding stalled for more than 3 years awaiting an order or judgment must be closed (arts. 2 and 3).
Living abroad does not suspend the annual fee, because the taxable event is registration with the council (Law 12.514/2011, art. 5). The professional can request cancellation or suspension of the registration even with overdue amounts (art. 9). The council does not take to court debts below 5 times the legal cap of the higher-education annual fee, but it can protest and blacklist (art. 8, as amended by Law 14.195/2021). Councils are federal agencies, and actions against them proceed in the Federal Courts (Federal Constitution, art. 109, I).
What the law says
Key points
Liability for an ethical violation expires after 5 years, and notice interrupts the period.
The annual fee arises from registration with the council, even without practicing in Brazil.
Overdue amounts do not prevent cancellation or suspension of the registration at the professional's request.
Enforcement of annual fees and actions against the council proceed in the Federal Courts, and enforcement has a minimum amount.
Sources: Federal Constitution, arts. 5, LV, and 109, I; Law 6.838/1980, arts. 1 to 3; Law 12.514/2011, arts. 5, 8 and 9 (as amended by Law 14.195/2021); Law 12.016/2009, art. 23; CFM Resolution 2.306/2022; Cofen Resolution 706/2022; Confea Resolution 1.004/2003; CFO Resolution 59/2004; STJ, Precedent 66 and Topic 1193.
What is your case?
Situations the firm handles
Defense in the ethics proceeding
Written defense filed with the regional council, with evidence and witnesses indicated and attendance at hearings.
Federal Constitution, art. 5, LVAppeal to the federal council
Appeal against the regional decision and oral argument at the judgment, when the council's code allows.
CFM Resolution 2.306/2022, art. 100Request for limitation and dismissal
Request to recognize limitation or close a proceeding stalled for more than 3 years.
Law 6.838/1980, arts. 1 and 3Cancellation or suspension of registration
Request filed with the council to cancel or suspend the registration, even with overdue annual fees.
Law 12.514/2011, art. 9Defense in tax enforcement of annual fees
Defense in the Federal Courts, checking the minimum amount for enforcement and the regularity of the charge.
Law 12.514/2011, art. 8Action against a flawed penalty
Writ of mandamus, within 120 days of notice of the act, or annulment action in the Federal Courts.
Law 12.016/2009, art. 23Step by step
How the firm works
- Request. You tell us about the case and send the documents through the form on this page.
- Proposal. We send in writing what will be done and the fees, before any engagement.
- Contract. You sign the contract and the power of attorney electronically, wherever you are.
- Delivery. We file the defense, appeal or request with the council, or the action in the Federal Courts, with updates on WhatsApp.
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
Do I need to return to Brazil to defend myself before the council?
No. The defense is handled by a lawyer with a power of attorney. The medical and nursing codes allow the parties to be heard and the judgment to be held remotely. With other councils, we request remote acts when the rules allow.
Can someone living abroad be served by the council?
Yes. The CFM and Cofen codes give preference to service by electronic means, such as email. If the methods provided fail, service is made by public notice, and those who do not defend themselves are assigned a court-appointed defender. That is why it is worth responding as soon as you learn of the proceeding.
I live abroad and do not work in Brazil. Do I still owe the annual fee?
As long as you are registered, yes, because the law ties the annual fee to registration, not to practice. To stop future annual fees, you must request cancellation of the registration. The law allows the request even with overdue amounts, and old debts are handled separately.
The council filed a tax enforcement action. What now?
Enforcement proceeds in the Federal Courts. We check whether the debt exceeds the minimum amount of Law 12.514/2011. Below it, enforcement is closed, a rule the STJ also applies to pending cases without attachment (Topic 1193).
What exactly do you deliver?
Written defense and appeal in the ethics proceeding, request for limitation or dismissal, request to cancel or suspend the registration, defense in tax enforcement and, when applicable, a writ of mandamus or annulment action in the Federal Courts.
How much does it cost?
After the analysis, the firm sends a written fee proposal, before any engagement. Court costs and any annual fees due are paid separately.
Lawyer for professional council matters for those living abroad
SPD Advocacia represents engineers, architects, physicians, dentists, nurses, accountants, pharmacists, veterinarians, psychologists and other professionals living abroad who face an ethics proceeding, annual fees or tax enforcement by a council in Brazil, with defenses, appeals, registration requests and actions in the Federal Courts.
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 →