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Power of attorney: what is it and what is it for?

Do you know what power of attorney is? Usually when people need to file a lawsuit, one of the first things they face when talking to a lawyer is the need to “sign a power of attorney”.

But after all, what is this?

In order for the lawyer to be able to represent his client in the judicial process, he must be granted powers to act on his behalf. That is, the power of attorney – in the legal field – is an authorization that the client gives to his lawyer so that he can perform all the necessary acts within the process. It is only with the power of attorney signed by the client that the lawyer can initiate and continue the process.

The power of attorney is, therefore, a formal and legal document, which can be carried out by public instrument (at a notary) or privately. In the latter (private) case, the signature of the person conferring the powers (the client, in the case of legal proceedings) is essential, and in some cases a notarized signature is also required.

Generally, in judicial proceedings, powers of attorney are “ad judicia”, that is, they grant general powers to the lawyer to act in the process (such as filing a defense, appearing at a hearing, enlisting witnesses, presenting documents, etc.).

However, for the lawyer to perform some specific acts, the power of attorney must also contain special powers. These acts are listed in article 105 of the New Code of Civil Procedure, namely:

– receive citation

– to confess

– recognize the origin of the request,

– compromise

– to give up

– waive the right on which the action is based

– receive and give discharge

– make a commitment

– sign a declaration of economic hyposufficiency.

It is worth remembering that, as they are specific powers, it is not necessary for all of them to appear in the power of attorney, only some of them may be included (for example – to receive service of process). In this case, the ideal is to talk to your lawyer to determine exactly what will need to be practiced in the process, in addition to the general powers mentioned above.

In order to be valid, the power of attorney must contain the lawyer’s name, registration number with the Brazilian Bar Association and full address. If the lawyer is part of a law firm, the power of attorney must also contain the name of the firm, the registration number with the Brazilian Bar Association and the full address. In addition, it is necessary to contain all the data of the grantor (in this case, the client).

As a rule, the power of attorney granted to the lawyer is effective for all stages of the process, including compliance with the sentence (execution). This will only be the case if there is express mention in the power of attorney that it is only effective for certain phases (for example, it must be expressed in the power of attorney that it will only be effective until the sentence of the first degree judge or that it only serves for that action).

And there? Did you understand the concept and importance of a “power of attorney” for the legal environment? If you have questions about other terms, check out the articles “10 legal terms to better understand your lawsuit!” or “11 legal terms to better understand your case!”. If you don’t find the term you’re looking for there, write to us with your question! It can be by email or on our social media!

Article published by JusBrasil

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