— Special insight · After the 2026 election
Stay, diversify or leave
A guide for families and businesses in post-election Brazil. The election alone does not decide the future of your wealth. What decides it is how you organize your affairs over the coming months.
By Dr. J. Guilherme de Andrade Cintra · October 30, 2026 · 17 min read
The essentials in one minute
- Nobody needs to decide anything today. But those who get organized by December are likely to pay less tax and run fewer risks.
- There are three paths: stay and protect yourself, hold part of your wealth abroad, or move to another country. They can be combined.
- Moving abroad is not enough to stop paying tax in Brazil: you must notify the Federal Revenue Service that you have left.
- Sending money abroad is legal, as long as it goes through a bank and is declared. Hiding it is a crime.
- Inheritance and gift tax is set to rise from 2027 in several Brazilian states.
How to read this article. The main text is written for every reader. The boxes marked § gather the legal basis and technical detail for those who want to go further. When printed or saved as PDF, all of them appear open.
I
What happened
On Sunday, October 25, President Lula was re-elected with 51.79% of valid votes. On Monday, the market reacted badly: the US dollar rose 8.21% against the real, its biggest one-day rise since 1999, and the São Paulo stock exchange fell 13.88%. Over the week, the stock exchange lost 18.1%, its biggest weekly fall since 2020.
Since then, families and business owners have been asking us the same question: should I stay, protect myself or leave the country?
The answer does not depend on political preference. It depends on numbers, rules and deadlines. Leaving in a hurry usually costs more than staying. And staying without any planning has a price too.
II
The week in numbers
The market went through one of its worst sessions in decades and ended the week without recovering. Households were already carrying record debt when the election came.
Stock market · Oct 26
−13.88%
The worst daily fall in more than six years.
US dollar · Oct 26
+8.21%
The biggest daily rise since January 1999.
Stock market · week
−18.1%
Five straight falls, to 167,922 points on Oct 30: the worst week since 2020.
Households · September
8.1%
of consumer loans overdue: a new record.
| Other signals | The figure | Source |
|---|---|---|
| US dollar | R$ 5.44 at the Oct 30 close (+1.10% on the day); it was below R$ 5.00 before the runoff | BPMoney; InfoMoney |
| Foreign investors | Pulled R$ 2.8 billion out of the stock exchange on Oct 28 alone | TV Sim Brasil |
| Consumer loan rates | 62.4% a year on average for household non-earmarked credit (September) | Central Bank, via Brasil 247 |
| Household debt | 50.1% of a year's income owed to banks (August), a record | BPMoney |
| Companies in default | 9.3 million in August, a record; 8.8 million are micro and small firms | Serasa Experian |
| Mortgages | At Bradesco, from 15% a year plus the TR reference rate since Oct 26 | Alta Renda Blog |
| Selic policy rate | 13.75% a year; the Central Bank decides again on November 4 | Atlas Público (BCB) |
Gross government debt · % of GDP
Up 4.3 points in nine months
Put simply: government debt now equals 83% of everything the country produces in a year, and it has risen 4.3 points in nine months, driven by interest costs. For 2027, the Senate's Independent Fiscal Institution expects a R$ 86.1 billion shortfall in the public accounts; the government expects a R$ 18.6 billion surplus.
There is good news as well: unemployment fell to 5.3% in the quarter to August. The squeeze comes from expensive credit and strained public finances, not from a lack of jobs.
III
What changes in 2027, whoever is president
Do not plan for the government you fear; plan for the rules that stay. Presidents change every four years, but public debt, taxes and court rulings outlast governments.
Three changes already approved weigh on any decision in 2027:
- The new consumption tax. The CBS, a federal value-added tax replacing PIS and Cofins, will be charged in full from January. The Federal Court of Accounts has calculated its rate at 11.3%, and the Senate has until December to confirm it. For many service providers, the bill will go up.
- The tax on dividends. Since January, anyone receiving more than R$ 50,000 a month in profits from the same company has 10% withheld at source. And those earning more than R$ 600,000 a year now pay a minimum tax.
- The end of the six-day week. The constitutional amendment enacted on October 16 shortens working hours without cutting pay and provides for a five-day week within 60 days.
§ Going further · the legal basis
CBS. Created by Complementary Law 214/2025. On Oct 28, 2026, the Federal Court of Accounts (TCU) approved the calculation of a 11.3% reference rate for 2027; the Senate must set it by resolution and, if it does not act in time, the TCU's rate applies (Agência Senado). Regulated intellectual professions, such as law, get a 30% rate reduction (Complementary Law 214/2025, art. 127).
Dividends and minimum tax. Law 15,270/2025: 10% withholding on profits and dividends above R$ 50,000 a month paid by the same legal entity to a resident individual, and an annual minimum tax for incomes above R$ 600,000.
Working hours. Constitutional amendment enacted by Congress on Oct 16, 2026 (Portal de Prefeitura).
There is also the international backdrop. Brazil depends on trade with China while facing pressure from the United States: a US measure announced in May hit 29.4% of Brazil's exports to that country. Whoever moves assets abroad also chooses a country, with political risks of its own.
IV
Why so many feel uncertain
Many business owners say they feel the rules change mid-game. That feeling rests on facts that can be checked. It does not justify hasty conclusions, but it belongs in any serious plan.
| When | What happened | Source |
|---|---|---|
| Oct 26, 2026 | The day after losing the election, the opposition candidate was ordered by the Supreme Court to surrender his passports, at the Federal Police's request. Even government allies said the measure raised tension unnecessarily. | Midiamax |
| Oct 25, 2026 | Voting hours were extended at 5:01 p.m., at one coalition's request, despite the Electoral Prosecutor's opinion against it. | A Crítica |
| Oct 18, 2026 | In a TV debate, the president told his rival that, once defeated, he would lose his immunity and his investigations "will now move". The senator's term, however, runs until January 2027. | Prensa Mercosur |
| May 9, 2026 | The Sentencing Law, passed by Congress over a presidential veto, was suspended by a single justice in under 24 hours. | ConJur |
| Apr 29, 2026 | The Senate rejected a Supreme Court nominee by 42 votes to 34, something that had not happened since 1894. | Bloomberg Línea |
| 2025 | US Customs and Border Protection stated that Filipe Martins did not enter the US on the date used to justify his 2024 pretrial detention. | Poder360 |
| Dec 3, 2025 | An injunction made it harder to open impeachment proceedings against Supreme Court justices. Part of it was revised a week later, after the Senate reacted. | ConJur |
| Nov 2024 | A federal congressman was indicted by the Federal Police for a speech made on the floor of the Chamber of Deputies. | Poder360 |
§ Going further · the cases cited
Sentencing Law. Law 15,402/2026. The suspension applies to the criminal sentences of January 8 until the full Court rules on Direct Actions of Unconstitutionality (ADIs) 7,966 and 7,967 (Justice Alexandre de Moraes, rapporteur). The Prosecutor General opposed the suspension on Jun 18, 2026.
Impeachment of justices. Injunction in ADPF 1,259 (Justice Gilmar Mendes, rapporteur, Dec 3, 2025): reserved to the Prosecutor General the power to bring charges against Supreme Court justices and raised the threshold to open proceedings to two thirds. On Dec 10, 2025, the Prosecutor General's exclusivity was suspended.
Extended voting. Decision by Justice Cristiano Zanin at the Superior Electoral Court, Oct 25, 2026.
Passports. The case number was not disclosed in the sources consulted; the information comes from the press. The full table is in the "Decisions cited" annex at the end.
The picture has two sides. There were fast, broad decisions with immediate effect on people and laws. But institutions also pushed back: a Senate that rejected a Supreme Court nominee and an injunction that was partly revised.
For those who plan, the lesson is about risk management, not ideology.
In practice, court orders can arrive within hours and reach even people who merely had some connection with the person under investigation. Clean records and structures that do not depend on who holds power become more valuable.
V
Three paths: stay, diversify or leave
Most families do not need to leave the country to protect themselves. The right path depends on three questions: where your income is, where your assets are, and where your family wants to live.
The question
Where are the family's income, assets and life?
Everything in Brazil
Stay and protect
Organize assets in a family holding company, sign a shareholders' agreement, review contracts and debts, and plan the inheritance before the tax goes up.
Life here, some assets abroad
Diversify abroad
Hold part of your wealth in another currency and another country, all declared, paying 15% a year on the income.
Life and taxes abroad
Leave
Choose the country carefully, obtain the right visa, notify the tax authority of your departure and restructure the companies left behind.
Common ground for all three · no pending court matters, documented source of funds, filings up to date and powers of attorney reviewed.
VI
Before leaving: get your house in order
Anyone with no pending court matters may leave Brazil whenever they wish: it is a constitutional right. The problem arises when a court order is in force, such as an order to surrender a passport.
In that case, a move becomes flight, and the consequences last for years:
- leaving may justify a request for arrest;
- the passport may be cancelled, and the assets left in Brazil frozen;
- the case does not end: it stands still, waiting for the person to return;
- getting documents at a consulate, settling taxes and selling assets becomes much harder.
§ Going further · what the law and the courts say
Freedom of movement. Federal Constitution, art. 5, XV.
Flight is not a crime in itself. The Criminal Code punishes as a crime the escape of a prisoner who uses violence against a person (art. 352). Leaving the country without violence is not a crime, but it may justify pretrial detention (Code of Criminal Procedure, arts. 282, § 4, and 312).
There is no "right to flee". The Superior Court of Justice held that a defendant cannot claim a right to flee while the arrest order has not been declared unlawful by the courts themselves, and that being a fugitive may sustain pretrial detention (HC 337,183/BA, Sixth Panel, Justice Rogerio Schietti Cruz, rapporteur, decided May 16, 2017; AASP).
Suspended proceedings. A defendant summoned by public notice who neither appears nor appoints a lawyer has the case and the limitation period suspended (Code of Criminal Procedure, art. 366).
Recent cases reveal a less obvious trap: ties to other people. Simple access to a friend's company bank account was enough to draw a presidential candidate into an investigation that was not his. Before any move, check:
- bank powers of attorney and access to accounts of other people's companies;
- stakes in companies, however small, and guarantees given to partners;
- loans to individuals, assets held in other people's names and shared use of aircraft, property or cars;
- tax, labor and court clearance certificates, yours and your companies'.
VII
Moving abroad does not, by itself, change your tax
For Brazil's Federal Revenue Service, anyone who moves without notice still lives in Brazil, and keeps paying tax here on everything they earn, anywhere in the world.
Changing that takes two steps: notifying the departure, by the end of February of the year after the move, and filing a departure return, by the annual income tax deadline. From then on, what remains in Brazil is still taxed here, but under the rules for non-residents:
| What stays in Brazil | How it is taxed |
|---|---|
| Profits from your Brazilian company | 10% withheld from the first real, without the R$ 50,000-a-month exemption residents enjoy |
| Profits earned through 2025 | If approved by Dec 31, 2025, they may be sent abroad tax-free until 2028 |
| Rental income | Tax withheld at source, generally at 15% |
| Sale of property or shareholdings | The gain on the sale is still taxed in Brazil |
§ Going further · tax exit and non-residents
The two filings. Notice of Definitive Departure (by the last business day of February of the year after leaving) and Definitive Departure Return (by the annual return deadline), both through the e-CAC portal (Federal Revenue).
Dividends abroad. Law 15,270/2025: 10% withholding on profits and dividends paid to non-residents, without the monthly threshold that applies to residents (TaxUp). Transition rule for profits earned through 2025 and approved by Dec 31, 2025 (Reforma Tributária).
Double taxation. Check whether Brazil has a treaty with the destination country (section XI) and avoid ties that suggest residence in Brazil, such as long stays or the family living here.
VIII
Money abroad, the right way
Sending money abroad is legal and simple. Hiding it is no longer possible: Brazil automatically receives information on Brazilians' accounts in dozens of countries, including the United States.
The basic rules fit in four lines:
- always send funds through an authorized bank or broker, with their source identified;
- declare everything on your annual income tax return;
- if you hold US$ 1 million or more abroad on December 31, also report it to the Central Bank;
- pay 15% a year on investment income and on the profits of companies you control abroad.
§ Going further · obligations and rules
| Obligation | Who | Rule |
|---|---|---|
| Foreign exchange through an authorized institution | Every resident | Law 14,286/2021 |
| Brazilian Capital Abroad return (CBE) | Residents with US$ 1 million or more on Dec 31 | Annual, Feb 15 to Apr 5; quarterly above US$ 100 million (Migalhas) |
| Financial investments and controlled companies abroad | Resident individuals | 15% a year, on the annual return (Law 14,754/2023) |
| Trusts | Resident settlor | Tax transparency: assets declared and taxed as the settlor's (Law 14,754/2023) |
Automatic exchange of information follows the OECD's Common Reporting Standard (CRS) and, with the United States, the FATCA agreement. Law 14,754/2023 ended the tax deferral that made offshore companies attractive.
Today, the advantage of holding assets abroad is not paying less tax. It is diversifying currency and country, organizing succession and protecting assets from local risks.
And no country is neutral. Sanctions, freezes and rule changes happen abroad too. Diversifying only the country, without diversifying currency, bank and jurisdiction, trades one risk for another.
IX
The business: keep, sell or restructure
Shutting a company down in a hurry usually costs more than keeping it well organized. A company that simply stops operating, without being formally closed, leaves its partners exposed: the tax authority can pursue them personally for the company's tax debts.
| Decision | When it makes sense | The main precaution |
|---|---|---|
| Keep it, managed from afar | A profitable business and a trusted team | Give the manager clear powers and well-drafted powers of attorney |
| Sell | No successor, or a permanent move | Do not sell below value out of haste, and calculate the tax on the gain correctly |
| Restructure into a holding company | Significant assets and several heirs | Do not transfer assets while debts are pending: the transaction may be annulled |
For those who keep the business, 2027 brings four tasks:
- Redo the tax numbers before December. A service provider under the presumed-profit regime pays 3.65% in PIS and Cofins today and, in 2027, moves to the full CBS.
- Adapt schedules and costs to the end of the six-day week. Review employment contracts, hour banks and collective agreements before the change takes effect.
- Keep the reason for every price increase on file. The law forbids raising prices without just cause. Supplier invoices, exchange-rate moves and taxes are the business owner's defense.
- Plan profit distributions. Take into account the R$ 50,000-a-month threshold, the annual minimum tax and the 10% withheld from partners who live abroad.
§ Going further · the legal basis
Irregular dissolution. Superior Court of Justice, Precedent 435: a company that stops operating at its tax domicile without notifying the competent authorities is presumed irregularly dissolved, which allows tax enforcement to be redirected to the managing partner (STJ).
Fraud against creditors. Civil Code, art. 158; fraud against enforcement, Code of Civil Procedure, art. 792.
Regulated professions. 30% reduction in IBS and CBS rates for intellectual services by professions overseen by a professional council (Complementary Law 214/2025, art. 127). The Simples Nacional regime has its own rules.
Prices. Consumer Protection Code, art. 39, X: raising the price of goods or services without just cause is prohibited.
X
The family: inheritance, gifts and education
Brazil's state tax on inheritance and gifts, the ITCMD, is set to rise, and 2026 is the last window under current rules in most states.
A national law passed in January requires every state to charge progressive rates, meaning higher rates for larger estates, up to a ceiling of 8%. Each state still has to pass its own law, and an increase published in 2026 only applies to inheritances and gifts from January 1, 2027. In São Paulo, the rate is still 4%.
Mind the calendar. Gifts made in 2026, in states with no new law in force, may pay less tax than those made from January onwards.
For those who will live abroad, five points are worth considering:
- Give during your lifetime while keeping the right to use the assets (usufruct), while current rates still apply.
- Assets abroad: Uruguay and Paraguay do not tax inheritance, but the Brazilian tax may apply if the donor or the heir lives in Brazil.
- Which law applies: as a rule, succession follows the law of the country where the deceased lived. Wills in both countries prevent conflicts.
- The couple's property regime: the prenuptial agreement must also work under the law of the new country.
- Powers of attorney with specific powers to manage and sell what stays in Brazil.
The children's education is part of the plan too. Parents have the right to have their children receive moral and religious education in line with their own convictions, and the family's main tool is the choice of school and its educational project.
§ Going further · the legal basis
ITCMD. Complementary Law 227/2026, published Jan 14, 2026: mandatory progressive rates, capped at 8%, and rules for assets abroad and trusts (Lefosse). Increases are subject to the annual and 90-day waiting periods (Federal Constitution, art. 150, III, b and c) (Barbieri Advogados). São Paulo: State Law 10,705/2000, 4% rate.
Law applicable to succession. Law of Introduction to the Norms of Brazilian Law (LINDB), art. 10: succession is governed by the law of the country where the deceased was domiciled.
Education. American Convention on Human Rights, art. 12.4; Federal Constitution, art. 206, III (pluralism of ideas and teaching approaches).
XI
Where to go: four destinations compared
There is no best destination, only the right destination for each family. The four countries most sought by Brazilians have very different visa and tax rules.
One point weighs heavily: whether Brazil has a tax treaty with the country, that is, an agreement that prevents the same income from being taxed twice.
Portugal
Treaty in forceVisas for people with income, remote workers or investors. Citizenship after 7 years.
Uruguay
Treaty · since 2023Residence through Mercosur. An 11-year exemption or a 7% rate on foreign income.
United States
No treatyInvestor visa from US$ 800,000. Tax on worldwide income.
Paraguay
No treatyResidence through Mercosur. Tax of up to 10%, only on income earned in Paraguay.
§ Going further · visas and tax regimes
United States. EB-5 from US$ 800,000 in a targeted area or US$ 1.05 million elsewhere (Forbes). The Gold Card, created by executive order, is being challenged in court (Global Citizen). Brazilians have no access to the E-2 visa. No tax treaty: only an information-exchange agreement.
Portugal. D7 visa, with income from € 920 a month; D8 for remote work; Golden Visa through funds, from € 500,000 (Bleap). The IFICI regime, successor to the non-habitual resident regime, covers only qualifying activities (Migalhas). Citizenship after 7 years of residence (Portugal Residency Advisors).
Uruguay. Tax residence through 183 days in the country or through investment. An 11-year exemption on foreign-source income or a 7% rate (O Povo); since 2026, stricter requirements for those who do not meet the 183 days (Real Estate in Uruguay). Treaty: Decree 11,747/2023.
Paraguay. Two-year temporary residence under Mercosur, convertible to permanent (Ipanema Partners). Territorial taxation of up to 10% (Forbes). No tax treaty with Brazil.
Holding another country's visa does not mean you stop paying tax in Brazil.
This applies to all four destinations: without notifying the Federal Revenue Service of your departure, the destination country's tax benefit may be worth nothing.
XII
What never to do
The difference between protecting and hiding is the difference between planning and crime. In times of fear, offers of "asset shielding" multiply, and many cross these lines:
| What not to do | The consequence | What the law says |
|---|---|---|
| Send money abroad outside the banking system, or keep an undeclared account there | The crime of currency evasion, punishable by 2 to 6 years in prison | Law 7,492/1986, art. 22 |
| Fail to declare income or assets abroad | The crime of tax evasion | Law 8,137/1990, art. 1 |
| Conceal the source of money | The crime of money laundering | Law 9,613/1998 |
| Sell or give away assets while debts or lawsuits are pending | Fraud against creditors or against enforcement: the transaction may be annulled | Civil Code, art. 158; Code of Civil Procedure, art. 792 |
| Put assets in someone else's name to hide them | A sham transaction, which is void | Civil Code, art. 167 |
| Leave the country in breach of a court order | May lead to pretrial detention | Code of Criminal Procedure, arts. 282, § 4, and 312 |
Legitimate planning is planning you can explain, with documents, to any authority. If a structure only works as long as nobody asks, it does not protect: it exposes.
XIII
Timeline: from now to May 2027
The first phase is the most urgent because it has a fixed date: the CBS and the new state inheritance-tax laws change the rules in January.
-
1Nov – Dec 2026
Protect
Identify pending matters and obtain clearance certificates. Make gifts before the new ITCMD rates. Redo the tax numbers for the CBS. Plan profit distributions.
-
2Jan – Feb 2027
Structure
Set up the holding company and the shareholders' agreement. Open accounts and structures abroad, always declared. Choose the destination and the visa, if the decision is to leave.
-
3Mar – May 2027
Declare and move
File the Central Bank return by April 5 and the annual income tax return. For those leaving: notify the tax authority and leave powers of attorney for the assets that stay.
XIV
Conclusion
This moment calls for calm, not panic. The numbers confirm expensive credit, strained public finances and institutions under tension, and many Brazilians' sense of injustice rests on verifiable facts.
But the right answer is rarely the fastest one. Whoever sells everything in a hurry, leaves the country with pending matters or turns to illegal "shielding" trades an uncertain risk for a certain loss.
Organize before deciding, document before moving, and choose a destination for what it offers.
Economic freedom begins with the freedom to plan safely, in Brazil or abroad.
— Reference annexes
Decisions, sources and citation
§ Decisions cited and where to check them
| Decision | Court and date | What was decided | Source |
|---|---|---|---|
| HC 337,183/BA | Superior Court of Justice, Sixth Panel, Justice Rogerio Schietti Cruz, May 16, 2017 | A defendant cannot claim a "right to flee" from an arrest order the courts have not invalidated; being a fugitive may sustain pretrial detention | AASP · full text |
| Precedent 435 | Superior Court of Justice, approved Apr 14, 2010 | Presumed irregular dissolution and redirection of tax enforcement to the managing partner | STJ |
| Injunction in ADPF 1,259 | Supreme Court, Justice Gilmar Mendes, Dec 3, 2025; partly suspended Dec 10, 2025 | Charges against justices reserved to the Prosecutor General and a two-thirds threshold; the exclusivity was later suspended | ConJur |
| ADIs 7,966 and 7,967 | Supreme Court, Justice Alexandre de Moraes, May 9, 2026 | Application of Law 15,402/2026 to the January 8 sentences suspended until the full Court rules; Prosecutor General's opinion against it on Jun 18, 2026 | ConJur · Prosecutor General's opinion |
| Passport surrender | Supreme Court, at the Federal Police's request, Oct 26, 2026 | Surrender of the defeated opposition candidate's passports | Midiamax (press) |
| Extended voting | Superior Electoral Court, Justice Cristiano Zanin, Oct 25, 2026 | Voting hours extended at one coalition's request, against the Electoral Prosecutor's opinion | A Crítica (press) |
Verification record. Decisions checked on October 30, 2026. The two from October 2026 appear only in press reports, with no case number or public full text located. The other items in section IV are not Brazilian court decisions: they are a political statement, a statement by a US authority, a Senate vote and a Federal Police act.
§ Laws cited
Federal Constitution (arts. 5, XV; 150, III, b and c; 206, III); Civil Code (arts. 158 and 167); Code of Civil Procedure (art. 792); Criminal Code (art. 352); Code of Criminal Procedure (arts. 282, § 4, 312 and 366); Consumer Protection Code (art. 39, X); LINDB (art. 10); American Convention on Human Rights (art. 12.4); Law 7,492/1986; Law 8,137/1990; Law 9,613/1998; Law 14,286/2021; Law 14,754/2023; Law 15,270/2025; Law 15,402/2026; Complementary Law 214/2025; Complementary Law 227/2026; São Paulo State Law 10,705/2000; Decree 11,747/2023. Official texts (in Portuguese) at planalto.gov.br.
§ How to cite this article
CINTRA, João Guilherme de Andrade. Stay, diversify or leave: a guide for families and businesses in post-election Brazil. Andrade & Cintra Advogados, Cotia, 30 Oct. 2026. Available at: https://www.andradecintra.com.br/insights/stay-diversify-or-leave. Accessed on: [date].
About this article
This content is for information only, prepared under Provision 205/2021 of the Federal Council of the Brazilian Bar Association (OAB), with no purpose of soliciting clients. It reflects the law and data available on October 30, 2026 and does not replace individual analysis of each case. Brazilian law governs the matters discussed; foreign-law points are context only. Prepared with the support of an artificial intelligence tool (Claude, by Anthropic), under the review and professional responsibility of the undersigned lawyer, in line with Recommendation 001/2024 of the Federal Council of the OAB.
Author
Dr. J. Guilherme de Andrade Cintra
Founding Partner · Andrade & Cintra Advogados / Sintra Legal & Partners · OAB/SP No. 220,915
A lawyer specialized in Business Law, completing MBAs in International Law and in Wealth Planning. His practice covers asset protection, organization and estate planning, family and corporate governance, and corporate and tax structuring, including the Brazil–United States cross-border axis.
© 2026 Dr. J. Guilherme de Andrade Cintra · Andrade & Cintra | JGAC Sociedade Individual de Advocacia. Protected under Brazilian Law 9,610/1998. Quotation of excerpts is permitted with attribution to the source and the author.

