Registration
Why should we register a document?
Registration bestows the document an incontestable testimony of its text and date, ensuring its authenticity and publicity, grants it legal effect against third parties, “erga omines”, and guarantees its juristic effects, as well as the constitution of its right in rem. In case the document is lost, stolen or damaged (due to a fire, flood or building collapse), the registry office will provide its client with a certificate that exerts the same legal effects as the original document. In short: registration will keep your documents sound and safe forever.
Which documents can be registered?
Fiduciary Alienation, Real Estate Tenancy, Land Tenancy, Purchase and Sale, Honorarium Contract, Apprenticeship Contract, Donation Requests, Assignment Agreement, Crime Incident Report, Descriptive Memorial Finding, Accounting Report, Agreement, Acquittance, Letter, Admission of Debt, Bail, Put, Table, Telegram, Attestation, Future Harvest, Turn-key Construction Contract, Social Security Card, Work Contract, Declaration, Promissory Note, Translation, Cost Estimate, Receipt, Barter, Use, Regulation, Opinion, among others.
Which is the Law that regulates the public Registries?
Law n. 6.015, of December 31st, 1973.
Which is the Law that determines the registration of the vehicle finacing contract with fiduciary alienation in a Titles and Documents Registry Office?
Art. 66, § 1 of Law n. 4.728, of July 14, 1965, later altered by Decree-Law n. 911 and Art. 130 of Law n. 6.015/73.
Do you know who establishes the fees charged for your document’s registration?
Most people do not know that the emoluments charged by the notaries public are determined by the Corrective Magistrate of Justice.
Cremation
What is cremation?
It is a process that burns a corpse to ashes. Cremation is accomplished in a high technology oven – the cremation chamber – that reaches the temperature of 1.200 degrees C.
How long does the cremation process take?
Approximately 3 hours.
What measures must one take while alive in order to have oneself be cremated when deceased?
It is important that a public (.....) or particular act (a Declaration of Cremation be provided, with the declarant’s certified signature, signed by 3 witnesses and registered in a Titles and Documents Register Office.
What happens after cremation?
The ashes are placed into an urn and returned to the family. They may keep the urn – in a cemetery, a columbarium or at home – or scatter the remains in specific areas, according to the family’s wish or the wish expressed in the declaration.
What are the legal requirements for the accomplishment of cremation?
Two physicians – or a Coroner – must sign the Death Certificate.
May cremation be accomplished right after death?
No. It is mandatory requirement to wait at least 24 hours after death is declared.
Is a coffin required for the accomplishment of cremation?
Yes, because it provides the transportation of the corpse with greater security and hygiene.
What is the deadline for the accomplishment of cremation when the corpse comes from abroad?
Seventy two hours after its entry in the national territory.
What are the benefits of cremation?
Cremation is a more economical practice than ground burial and entombment, for it doesn’t bring up further expenses with grave maintenance, tomb purchase or rental renovation. It is also considered a more hygienic practice, since it does not pollute the environment and accelerates organic matter transformation. Cremation proceedings do not exclude the traditional use of waking the deceased.
Foreign documents
Is it obligatory to register all foreign documents in a Titles and Documents Registry Office?
Yes, their previous registration in a Titles and Documents Registry Office is mandatory (Law n. 6.015, of December, 31,1973, Art. 129, item 6). All foreign documents, as well as their respective translations, must be registered, so as to be legally effective in any Federal, State, Federal District, Territorial and Municipal public institution, or in any Instance, Court or Tribunal.
What is the only professional empowered to translate foreign documents with legal effect?
The sworn translator.
What is sworn translation?
It is an official document that has full faith and credit, to produce legal effect against third parties. It is the translation with the appropriate format to ensure its official and legal validity before public agencies and institutions; it is printed on the personal sealed paper of the Public Sworn Translator, whose signature on the translation may be notarized by a Notary Public or a consular officer of a Brazilian Consulate, in order to be fully acknowledged abroad.
What is required for the exercise of Public Translator?
In order to become a Public Sworn Translator, one has to pass a public exam administered in the Boards of Trade of the country.
What documents must a foreigner who has a regular permanence in Brasil but not a driving license from his country provide, in order to apply for a driving permit?
Photocopy of the Foreign Registration Card or the Foreigner Registration Summary, both provided by the Federal Police, translated by a sworn translator and registered in a Titles and Documents Registry Office; photocopy of his/her CPF, authenticated by a Notary Public; photocopy of a residential proof; 2 photographs 3x4.
What about the foreigners who do have a driving license from their countries – what documents should they provide?
 Original and photocopy of the foreign driving license; original and photocopy of the document that attests his/her legal entry and permanence in Brasil; translation of the original driving license by a public sworn translator and registered in a Titles and Documents Registry Office; handwritten solicitation of the temporary permit during his/her permanence in Brasil.
Notice: The temporary permit is granted for six months. Should the driver’s permanence in the country be longer than that, he will need to apply for the renewal of the temporary license.
In case a foreign student requests to be transferred to Brasil, in order to finish his course, which of his/her documents will have to be mandatorily translated by a sworn translator and registered in a Titles and Documents Registry Office?
In order to be able to join the course, he/she must have his/her academic transcript and the programs of the subjects already concluded duly translated by a sworn translator and registered in a Titles and Documents Registry Office, so as to validate their eventual diplomas.
Some documents that need to be translated by a sworn translator:
 Judicial documents (Lawsuit Records Files, Decrees, Powers of Attorney); academic documents (Transcripts, Diplomas, Certificates, etc.); multinational companies financial and administrative documents (Balance Sheets, Statutes, Registration Certificates); Bidding Proposals documentation; personal documents (Birth and Wedding Certificates, Identity Cards, Driving Licenses, etc.).
What documents are required to apply for a civil wedding when one of the fiancés is a foreigner?
The consular Wedding Certificate (to be requested in the Consulate of the foreign fiancé’s country) or the original Birth Certificate, sealed by the Brazilian Embassy, translated by a Public Sworn Translator and registered in a Titles and Documents Registry Office, or yet an authenticated copy of his/her registration the National Registry of Foreigners.
When one of the fiancés, besides being a foreigner, is divorced, what documents are required?
 Original passport; original wedding certificate, with an explicit reference to the divorce, that must be translated in Brasil by a sworn translator and, subsequently registered in a Titles and Documents Registry Office.
What should be done to make Brazilian children’s birth, as well as wedding and obit of Brazilians abroad produce legal effect in Brasil?
Transcribe them to the Civil Register of Natural Persons of the 1st Subdistrict of their residences County’s seat.
What are the documents required for the issue of a Birth Certificate in a Foreign Division?
Original Birth Certificate from the country of origin, legalized by the Brazilian Consulate or Embassy; Translation of the Certificate, made by a Public Sworn Translator and registered in a Titles and Documents Register Office; original or authenticated copy of the Brazilian parent’s Birth Certificate; original or authenticated proof of residential address (an electricity, telephone or gas bill) with the name of one of the child’s parents, or declaration with the complete qualification of one of the child’s parents, with his/her notarized signature (Federal Law n. 7115, of August 29, 1983; application to make the transcription according to Law 6015/73, with a notarized signature; the applicant of the transcription must bring his/her original Identification Card.
What should one do to make a contract based on foreign currency and lacking the consular visa be considered authentic?
The contract must be translated by a Public Sworn Translator and subsequently registered in Brasil, in a Titles and Documents Registry Office.
What kinds of funds must be registered in Titles and Documents Registry Offices?
Financial application funds and investment funds in financial application fund quotes: authenticated copy of the constitution document registered in a Titles and Documents Register Office; investment fund abroad: authenticated copy of the constitution document registered in a Titles and Documents Register Office; individual Programmed Retirement Fund: authenticated copy of the constitution document registered in a Titles and Documents Register Office;
What should be done in order to make the foreign document produce legal effects also within the Trade Companies Public Registry?
It must be registered in a Title and Document Register Office and subsequently filed in the Board of Trade.
Work and Social Security Registry – CTPS
Is the Work and Social Security Registry - CTPS an obligatory document?
Yes. CTPS is an obligatory document for all persons who render any kind of service, whether in industry, commerce, agriculture, cattle raising or even in households. The Work and Social Security Registry is today, due to the records it keeps, one of the few documents that can promptly show the professional trajectory of the workers. Thus, it guarantees their access to some of the main labor rights, like unemployment insurance benefits, social security benefits and FGTS - Fundo de Garantia por Tempo de Serviço (Guarantee Fund for Time of Service).
How does the new Work and Social Security Registry – CTPS look like?
The new Work and Social Security Registry – CTPS – technologically produced – highlights security against fraud. The document has a blue cover made of a more resistant synthetic material than the one used in the previous model. It is assembled with security paper and bears an inviolable plastic sticker that protects all information related to the workers’ professional identification and civil qualification, the most frequently falsified data. Such changes have contributed to make the new CTPS strongly resemble the passport. Actually, the Work and Social Security Registry – CTPS is no doubt a kind of passport, that safeguards the citizen’s labor and security rights, as regular salaries, vacations, thirteenth salary, remunerated rest and retirement.
Is there any difference between the Work and Social Security Registry – CTPS of a Brazilian worker and that of a foreign one?
Yes. The new CTPS differentiates Brazilian and foreign workers, not only in the color of the booklet’ cover – the foreigners’ have green covers, while Brazilians’ have blue ones – but also in its content, what, together with other security items, makes it possible to effectively control the foreign workforce, thus hindering the use of false CTPSs in remunerated activities practiced by illegal foreigners in the country.
How is the Work and Social Security Registry – CTPS made?
The new CTPS is emitted by a computerized system that possibilitates the national integration of all data, bringing emission in duplicity to an end, and forming a database for each worker, recording civil qualification information and complementary data, such as: address, CPF (Cadastro de Pessoa Física - Natural Persons Civil Registry) number, Título de Eleitor (Voter Identity Card) number, CNH (Carteira Nacional de Habilitação -National Driving License) number, IS/PIS (Identificação Social - Social Identification / Programa de Inclusão Social - Social Inclusion Program) numbers, a photograph, digitalized fingerprints and signature. At the emission of the new CTPS the worker is enrolled in IS/PIS, exempting the employer from the obligation of providing him with this number.
How old must one be to request a Work and Social Security Registry - CTPS?
The CTPS is emitted for all applicants aged 14 and over. CTPS emitting agencies are not required to demand the applicants school registration papers; nevertheless, the general criteria defined for CTPS emission must be fulfilled. The responsibility for contracting workers under 14 years of age concerns solely the employer, who must prove, whenever necessary, their condition of apprentice workers.
How can one record contract rescission in one’s Work and Social Security Registry - CTPS?
Contract rescission is the notation of the termination of the employment contract in the employee’s Work and Social Security Registry – CTPS. It is mandatory, whether one is fired by the employer or dismisses oneself. Homologation, on the other hand, is the assistance the worker is given concerning the correct payment, by the company, of the rescissory rights, as well as of the FGTS (Fundo de Garantia por Tempo de Serviço - Guarantee Fund for Time of Service) and INSS (Instituto Nacional de Seguridade Social - (National Institute of Social Security) benefits, and must be carried out in a union or at a Labor Court. It is mandatory only to employees with more than one year in the company.
Where can one request a Work and Social Security Registry - CTPS?
Av. Presidente Antônio Carlos, 251 – térreo (groundfloor), 10th, 12th e 14th floors – Castelo.
CEP (zip code): 20.020-010 - Rio de Janeiro/RJ.
Phone numbers: (0xx21) 2220-5018 / 8923/0519
Fax: (0xx21) 2220-1369
Is it possible to obtain a replacement copy of the Work and Social Security Registry - CTPS?
No. The worker must go to a DRT (Delegacia Regional do Trabalho - Regional Labor Court), bringing his/her identity card and a 3 x 4 photograph, to request a new CTPS.
How can one evidence one’s work-time duration if one loses one’s Work and Social Security Registry – CTPS?
In order to evidence the employment bond, one should note down the names of the companies in which one has worked and the period during which one has worked in each of them, as well as their addresses. If one has kept any holleriths or documents, one should consult them, for they can help organizing data.
The second step is obtaining a new CTPS and evidencing one’s previous jobs. One will have to go to each of the companies where one has worked and request its human resources department to provide a declaration stating that one has been employed in that company. This declaration must contain all of one’s data (name, CPF (Cadastro de Pessoa Física - Natural Persons Civil Registry), RG (Registro Geral, ou Carteira de Identidade - General Registry, or Identification Card) and PIS (Programa de Inclusão Social - Social Inclusion Program) numbers, and also the number of one’s previous CTPS), as well as the period during which one has been employed in the company and the value of one’s last wage.
After obtaining the declarations of all the companies in which one has worked, one must go to a Labour Court, to report one’s case and have all that information noted down in the new CTPS. One must not forget to bring it, together with all the declarations provided by the companies and one’s personal documents.
In case the company in which one has worked does not exist anymore, it will be necessary to start a research in the Trade Bureau in order to find those who are responsible for the company, so that they attest one’s employment bond. In some cases, the company can be sued at a Labor Court, so as to have it present the ex-employee’s files.
State Trade Bureaus
São Paulo Trade Bureau
Regional Labor Courts
Suppose one receives a new Work and Social Security Registry - CTPS and eventually finds the lost one. What should one do?
It is enough to keep both Work and Social Security Registries – CTPSs, as work-time duration evidence, and job notations must continue to be made in the second CTPS.
Which documents must one present to request a Work and Social Security Registry - CTPS?
Identification Card, CPF (Cadastro de Pessoa Física - Natural Persons Civil Registry) and two 3x4 photographs.
What should one do to register one’s Work and Social Security Registry - CTPS?
One should go to CERD (Central de Registro de Documentos - Documents Registry Central Office), on Rua do Rosário, 82 – Centro (Downtown), bringing the copies of the Work and Social Security Registry - CTPS to be registered (keeping in mind that one must always provide an extra copy, that which will stay in the files) and request the registation of the CTPS.
How much should one pay to register one’s Work and Social Security Registry - CTPS?
The average fee for the registration will depend on the value of the last wage recorded in the CTPS and on the quantity of pages to be registered. For a worker who has as R$ 900,00 wage noted down in the CTPS and 30 pages of the CTPS to be registered, the value will be of approximately R$ 162,19.
Should one register the Work and Social Security Registry – CTPS again every time one gets a new job?
No. One will have to ask for an entry of this new page. To know how much one should pay for the entry of more than a page, one can access our site, inform the current value of the wage recorded in one’s CTPS, and the number of pages one wants to register) or else come in person to CERD (Central de Registro de Documentos - Documents Registry Central Office), on Rua do Carmo, 57 – térreo (groundfloor), Centro (Downtown).
How can one access the registry of one’s Work and Social Security Registry – CTPS?
One must go to the Titles and Documents Registry Office where one’s Work and Social Security Registry – CTPS has been registered and request a certificate. The value to be paid for the certificate is calculated according to its number of pages. For the register of a 30 page CTPS in which a wage of R$ 900,00 is recorded, the registration fee is R$60,00. This certificate has the same legal value as the original document.
Notification
What is notification?
It is a letter that has the purpose of making someone aware of the content of any document which has been incontestably registered.
As to its reception:
Since it is an uncontestable document, even if the addresse (that whom the notification is destined to) has not signed the authenticated copy of the concerned document, once the diligence is fulfilled a plea is inadmissible.
What kind of notification does the Ofício de Registro de Títulos e Documentos (Titles and Documents Registry Office) make?
The Extrajudicial Notification.
- The Extrajudicial Notification is utterly personal, and should only be made before its addressee or any other people who are authorized to receive it, thus acting as legal representatives of the addresse.
- In case the adresse is a legal entity, the Extrajudicial Notification can be made before its partners or any other people who can be considered as legal representatives of the Company.
What is the function of the extrajudicial notification?
The Extrajudicial Notification serves as a starting point to constitute deferred payment, to request the fulfilment of the obligations, to forewarn responsibilities, to produce evidence, to draw the authorship, etc.
Which legal device regulates the notifications?
Art.160 and the paragraphs of Law 6,015 of 31.12.73.
How can one make a notification?
Its contents must be clear and objective. All the facts which gave rise to the notification must be displayed, and the use of vulgar language must be avoided, as well as words that might threaten the physical and moral integrity of the addresse. Both the notifyer and the notified must be duly qualified (full name, nationality, civil status, occupation, identification document, CPF (Cadastro de Pessoa Física - Natural Persons Civil Registry) number, commercial or residential address).
After its conclusion, 3 copies of the notification must be presented, duly signed, with the same content and shape, and attached copies of all documents (if any) which concern facts cited and/or related in it.
After it is concluded, what should one do with the notification?
All notifications must be delivered to CERD (Central de Registro de Documentos - Documents Registry Central Office), on Rua do Ouvidor, 82 - Centro (Downtown), Rio de Janeiro/RJ, which opens on workdays, from10:00 AM to 18:00 PM.
Can one acompany the notifier when he handles/delivers the notification to the addresse?
No. This case is laid down in Art. 160 of Law 6,015 /73, § 2, which declares such act illegal.
Can one make a notification without knowing the name of the addresse?
No, since it is a personal and nontransferable document, thus requiring the full name of the addresse (that whom the notification is destined to). Nevertheless, if the notification is addressed to a legal person, it will be enough to inform inform the legal name of the company to have the notification be delivered to its legal representative.
Can one make a notification abroad?
Yes, by means of Acknowledgment of Act of receiving (AIR) or equivalent. ALIENATION TRUSTEE.
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