What Every Brazilian Contract Has in Common

In the US, we’re used to contracts having a preamble. It’s the first paragraph, which includes the title of the contract, the date, and the contracting parties. Look at hundreds of contracts, and they’ll usually all start the same way.

So too in Brazil. But Brazilian contracts also include more information about the parties. No matter whether it’s a purchase agreement, a lease, or a power of attorney, legal documents in Brazil generally include a “qualification” clause. It’s a description of the people signing the document.

You can expect to see each party’s complete name, nationality, ID number (RG, RNE, or passport), CPF or CNPJ, address, marital status, and profession. Depending on the document, you may also see their birthdate, spouse’s information, marital property regime, and parents’ names.

This can be awkward for someone accustomed to signing contracts in the US where none of this information is required. Why on earth do they need your tax ID number, you ask? Good question. Part of it’s habit; another part is ensuring your identity and preventing fraud. Also, if there’s ever a need to enforce the contract, all of your personal information (and their personal information) is there.

Before you sign, make sure all of your information is correct. Likewise, don’t forget to research the other people signing. Make sure their name, ID number, and CPF or CNPJ all match. It’ll help prevent problems should you ever need to enforce the contract later on.