CNJ decides: notaries public cannot require a validity date for powers of attorney without a legal basis
The Full Session of the National Council of Justice (CNJ) understood that the generic requirement of a validity period for powers of attorney in notaries public in Minas Gerais may be illegal, except when there is a legal provision or a justified need. The judgment took place within the scope of Administrative Control Procedure 0007885-89.2023.2.00.0000 and resulted in a unanimous decision. The decision reinforces principles of legality and reasonableness, clarifying that a notary public cannot impose special conditions without legal backing or a solid need. The practice analyzed by the CNJ, which involved establishing a validity date for powers of attorney, implied additional costs and, at times, delayed the processing of cases. The Council makes it clear that, only in specific and well-founded cases, such as evidence of falsification or risk to third parties, it is possible to require an update of the document. Although originating in Minas Gerais, the CNJ’s decision will likely influence notaries public in other states, serving as a national guideline. For users, this means fewer barriers to using powers of attorney in notarial acts, reducing rejections based solely on automatic deadline requirements. Each state maintains its own routines, and notary practices may vary according to the interpretation of local oversight bodies. In some cases, additional requirements are still imposed, even after the CNJ’s decision. This is where specialized legal advisory in notarial and registry law makes all the difference: Understanding state regulations and adjusting the power of attorney format can prevent delays and undue requirements. CNJ’s decision is an important step forward in strengthening legal certainty and curbing disproportionate requirements for notaries public. However, it does not dispense with care regarding the content and form of the power of attorney. Details can be crucial in determining whether a document is accepted immediately or, conversely, becomes subject to requirements that delay the process. At PLBrasil Paralegal, we have a team of experts who closely monitor national regulations and local practices in each state, ensuring compliance and providing peace of mind to those who depend on these actions to advance their businesses. Do you need a power of attorney? Rely on our expertise to prepare powers of attorney that prevent rejections and delays in any state. Do you need a power of attorney? Rely on our expertise to prepare powers of attorney that prevent rejections and delays in any state.