O DIVÓRCIO EXTRAJUDICIAL POR PROCURAÇÃO NO BRASIL

This article examines the legal framework of extrajudicial divorce by power of attorney in Brazilian law, considering the historical development of family law and the increasing emphasis on out-of-court dispute resolution. Although supported by legal instruments such as Law No. 11,441/2007 and Article 733 of the Brazilian Code of Civil Procedure, the practice raises important controversies regarding its legal validity, especially due to the requirement of special powers in the power of attorney and the doctrinal debate on whether divorce is a personal act. Based on qualitative research, the study investigates the legal, operational, and formal requirements for the validity of such acts, as well as the relevant jurisprudence and administrative guidance issued by state-level judicial oversight bodies. It concludes by advocating for national regulatory uniformity to ensure legal certainty and the effectiveness of this legal instrument.