Brazil’s National Council of Justice introduces new public deed survey mechanism

On May 26, 2025, Brazil’s National Council of Justice (“CNJ”) published Normative Instruction No. 194/2025, which amended the CNJ’s National Code of Justice for Notarial and Registry Services.

The new regulation allows interested parties to research any existing powers of attorney or public deeds in notary offices across Brazil using the name and individual (CPF) or corporate (CNPJ) taxpayer identification number of the parties involved.

The search results will identify the type of notarial act (deed or power of attorney), the notary office, the book, and the page on which the act was drawn up. While the type of legal transaction (e.g., purchase and sale, donation, etc.) or specific content of the deed will not be disclosed initially, parties may request a copy directly from the notary office that executed it.

Prior to Normative Instruction 194, only probate and divorce proceedings were made publicly available, while power of attorney and deed surveys were restricted to notary publics. This change marks a significant step forward, particularly in due diligence proceedings, enabling the search of unregistered transactions that may already carry legal weight.

Although Normative Instruction 194 does not address this issue directly, such innovation can prompt broader discussions regarding the limited publicity of public deeds. Thus far, public deeds have had limited publicity, given that surveys would not be feasible without information regarding their existence and minimal details. However, as Normative Instruction 194 enabled comprehensive research that is more cost-effective than issuing a property title certificate, public deeds may become fully public documents. This may not occur immediately upon implementation, but potentially as information becomes increasingly centralized.

This development holds particular significance for the real estate sector and may affect the performance of legal audits.

Demarest’s Real Estate team is available to provide any further clarification that may be necessary.