Power of Attorney for Criminal Complaint – Art. 44 of the Code of Criminal Procedure

Template at the end, but please read the following information carefully:

A power of attorney for a criminal complaint requires a description of the facts; this is an ESSENTIAL requirement. If the lawyer attaches a general power of attorney, and a delay of 6 (six) months occurs, the claim will be time-barred (statute of limitations). Delays are common, and dismissals of cases due to defects in the power of attorney are very common.

See a court decision that dismissed the case:

[...]

Regarding other offenses of private criminal action, although the procedural piece was duly filed, by express requirement of art. 44 of the Code of Criminal Procedure, the power of attorney for filing a criminal complaint should contain an express mention of the criminal act. The power of attorney attached to event no. 13 does not meet this requirement, and there is no adequate timeframe to amend the power of attorney due to the expiration of the six-month statute of limitations referred to in art. 38 of the CPP.

Although the principle of simplicity and informality is adopted in Special Courts, legal requirements for filing a criminal action cannot be disregarded.

[...]

Notify the Public Prosecutor's Office.

Comply.

Goiânia, September 09, 2014.

Rosane de Sousa Néas

Judge

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Template

P O W E R O F A T T O R N E Y

GRANTOR: (Name of Grantor, i.e., the client), (nationality), (marital status), (profession), ID Card (ID number), registered with the CPF under number (CPF number), residing at (city name), at (Street, Avenue, etc. street name and number).

GRANTEE: (Name of Grantee, i.e., the lawyer), (nationality), (marital status), lawyer, registered with the OAB/(State) under number (OAB registration number) and with the CPF under number (CPF number), residing at (city name), with an office at (Street, Avenue, etc. street name and number).

By means of this private power of attorney and by the best form of law, the grantor hereby constitutes and appoints the grantee as their sufficient attorney, with special and express powers to file a criminal complaint against (FULL NAME OF THE OFFENDER WHO COMMITTED THE CRIME) for (WRITE HERE THE ENTIRE FACT, EVERYTHING!!), with the power to sign whatever is necessary in court before the police authority, attach documents, list witnesses and question them, challenge anyone using "ad judicia" powers, agree, withdraw, compromise, and substitute.

(City, State), _____of __________of _____

____________________________

(full name)