Adult guardianship in São Paulo, Brazil
Brazilian procedure still calls it interdição. The regime it creates is curatela — and, since the Brazilian Inclusion Act, it reaches only property and business acts. We handle the petition, urgency and termination.
5,0 · 18 Google reviewsThe Code of Civil Procedure still heads the procedure interdição (arts. 747 to 758) — that is what people search for. What it creates is curatela, and Law 13,146/2015, the Brazilian Inclusion Act, states that “disability does not affect a person’s full civil capacity” (art. 6) and confines guardianship to “acts relating to rights of a property and business nature” (art. 85). No order strips civil capacity as a whole: the judgment must set its limits (CPC, art. 755, I).
Who is legally incapable today.
Until 2015, art. 3 of the Civil Code listed among those wholly lacking civil capacity anyone who, through mental illness or impairment, lacked discernment. Law 13,146/2015 repealed all three subsections, leaving one case: “Minors under 16 (sixteen) years of age are absolutely incapable of personally performing acts of civil life.”
For adults, what remains is art. 4, III — “those who, for a transitory or permanent cause, cannot express their will” — and that is relative incapacity. No diagnosis on its own produces incapacity. Hence the Act calls guardianship an extraordinary protective measure that “shall last the shortest time possible” (art. 84, § 3).
What guardianship does not touch.
Art. 85 is the provision that clears up most of the confusion: guardianship “shall affect solely the acts relating to rights of a property and business nature”. Its § 1 then lists the eight rights the guardian never reaches:
- One’s own bodyThe decision stays with the person.
- SexualityReproductive rights included.
- MarriageMarrying and civil partnership.
- PrivacyNot the guardian’s business.
- EducationChoice and continuity.
- HealthTreatment does not pass to the guardian.
- WorkNot a property act in this sense.
- VotingExcluded in express terms.
Section 2 requires the judgment to state “the reasons and motives” for the measure; art. 84, § 4 obliges the guardian to account to the judge every year.
Supported decision-making.
Before guardianship is discussed, ask whether the case fits supported decision-making (Civil Code, art. 1,783-A): the person “elects at least 2 (two) trustworthy people with whom they have a bond and in whom they place their trust” to support them in acts of civil life. The difference lies in who decides — under guardianship the guardian performs the act; here, the person does.
One detail changes everything for relatives: § 2 provides that the application “shall be made by the person to be supported”. It is not a step the family takes on someone’s behalf. Section 1 requires a written instrument setting out the limits, the supporters’ undertakings and the term; § 3 has the judge hear applicant and supporters in person, assisted by a multidisciplinary team and after the Public Prosecutor is heard. Where the concern is planning ahead, the conversation is a different one — estate planning.
How the case runs.
- Who may apply — art. 747Spouse or partner, relatives or tutors, the representative of the institution where the person is housed, and the Public Prosecutor — the latter only in serious mental illness (art. 748), with standing evidenced by documents filed with the claim.
- Claim and urgency — arts. 749 and 750The petition sets out the facts showing inability to manage assets and when it became apparent, with a medical report or an explanation for its absence. Where urgency is shown, the judge may appoint an interim guardian for specified acts — specified acts, not guardianship in advance.
- The interview — art. 751The person is interviewed in detail about their life, business, assets, wishes, preferences and family ties, with everything recorded verbatim. If they cannot travel, the judge hears them wherever they are, with technology to help them express it.
- Response and expert evidence — arts. 752 and 753Fifteen days running from the interview, not from service; without counsel of their own, a special guardian is appointed. Expert evidence follows, and the report must identify the specific acts requiring guardianship.
- Judgment and registration — art. 755The judge appoints a guardian — who may be the applicant — and sets the limits of the guardianship, weighing the person’s potential, abilities, wishes and preferences. The judgment is entered in the civil registry (Law 6,015/1973, art. 29, V) and published on the National Council of Justice platform.
- Termination — art. 756Once the cause ceases, guardianship is lifted on the application of the person concerned, the guardian or the Public Prosecutor. Section 4 allows partial termination, and art. 758 requires the guardian to work towards their autonomy.
What gets repeated and is not true.
- “Total interdiction”No such thing: art. 85 confines guardianship to property and business acts, and the judgment sets limits (CPC, art. 755, I).
- “Someone under guardianship cannot vote”Voting is the last item on the list in art. 85, § 1.
- “Guardianship removes every right”It removes only the autonomous performance of property acts, within the limits of the judgment.
- “A person with a disability lacks capacity”Art. 6 says the opposite, and art. 3 of the Civil Code now lists only minors under 16.
- “Interdiction is gone”Section IX of the CPC is still in force, and supported decision-making is optional (art. 84, § 2).
- “Once under guardianship, always under guardianship”Art. 84, § 3 requires the shortest possible duration, and art. 756 allows termination.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleReal client reviews published on Google.
Who leads this area.
Partner in charge of real estate and probate matters (OAB/SP 428.777). Postgraduate in Real Estate Law (PUC/SP) and Succession Law (PUC-Campinas). Notário Luiz Gama Medal (Santo André City Council). Fluent in English.
Meet Letícia MarquesGuardianship rarely arrives alone: it comes with probate, with a court order to release funds or alongside a divorce. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
Common questions.
Are interdição and curatela the same thing?
Interdição is the name the Code of Civil Procedure still gives the procedure (arts. 747 to 758). Curatela is the regime it produces, confined by art. 85 of Law 13,146/2015 to acts of a property and business nature. Saying interdiction was abolished is wrong; saying it removes civil capacity is wrong too.
Does guardianship remove the right to vote, marry or work?
No. Art. 85, § 1 of Law 13,146/2015 places outside the reach of guardianship the rights to one’s own body, sexuality, marriage, privacy, education, health, work and voting.
Who can apply for guardianship?
Art. 747 of the CPC lists the spouse or partner, relatives or tutors, the representative of the institution where the person is housed, and the Public Prosecutor — the last with subsidiary standing (art. 748), evidenced by documents filed with the claim.
Is guardianship permanent?
It is not. Art. 84, § 3 of Law 13,146/2015 requires it to last the shortest time possible, and art. 756 of the CPC provides for termination once the cause ceases, including partial termination (§ 4).
What does a guardianship case cost?
Three components: fees agreed in writing before any step is taken, court costs, and the expert’s fees. The proposal is set out in writing after we read the documents and the medical report.
Do you act outside São Paulo?
Yes. We run the case remotely, with local agents under our instruction, where it proceeds in another district or another state of Brazil.
Has a relative stopped being able to manage their own assets?
Send us the medical report and a list of the assets. In the initial review we will say whether the case calls for guardianship, for supported decision-making, or neither. We reply within one business day.