Brazil: legal requirements and validity of electronic signatures

This guide answers key questions about the legality, requirements, standards, and practical applications of electronic signatures that govern their use in Brazil.

Legal signature requirements in Brazil

The primary law regulating electronic signatures in Brazil is the Provisional Measure No. 2,200-2/2001. This measure established the Brazilian Public Key Infrastructure (ICP-Brasil), providing a legal framework for the use of digital certificates to ensure the authenticity of electronic documents. This legislation set the foundation for the legal validity of electronic signatures in the country. 

Provisional Measure No. 2,200-2/2001 states that electronic signatures are valid and legally binding if they are made using an ICP-Brasil digital certificate. This certificate confirms the identity of the signatory and the integrity of the document. 

In 2020, Brazil took a significant step forward with the introduction of Law No. 14,063, which deals extensively with electronic signatures. This law further clarified and expanded the legal framework for electronic signatures, categorising them into three levels:

1. Simple electronic signature
2. Advanced electronic signature
3. Qualified electronic signature

Each level offers different degrees of security and legal validity, catering to various needs and situations. You can find the Provisional Measure here, and Law 14,063/2020 here.

Relevant standards and conditions for legally binding electronic signatures in Brazil

For an electronic signature or digital signature to be legally binding in Brazil, it must meet certain standards and conditions:

1. ICP-Brasil certification: The electronic signature must be linked to a digital certificate issued by an accredited Certification Authority under ICP-Brasil. This ensures the signatory's identity and the document's integrity.
2. Authenticity: The signature must be able to authenticate the signatory's identity.
3. Integrity: The signed document must remain unaltered after signing.
4. Consent and intent: The parties involved must consent to using an electronic signature and demonstrate an intent to sign the document electronically.
5. Non-repudiation: The signer should not be able to deny their signature later.
6. Appropriate level: The signature must meet the required level (simple, advanced, or qualified) for the specific transaction or document.

These standards and conditions ensure that electronic signatures in Brazil carry the same legal weight as traditional “wet ink” signatures when properly executed.

Circumstances where electronic signatures might not be valid in Brazil

While electronic signatures are generally accepted in Brazil, there are some circumstances where they may not be considered valid:

1. Certain legal documents: Some court documents or legal declarations might require physical signatures. Other documents that might require traditional handwritten signatures include - wills and testamentary documents; real estate transactions involving public records; certain family law documents, such as marriage and divorce papers and documents requiring notarization or registration by public authorities. In these cases, handwritten signatures are mandatory to ensure compliance with legal and formal requirements. 
2. High-value real estate transactions: Some high-value property deals may still require traditional signatures.
3. Inappropriate signature level: Using a simple electronic signature where a qualified one is required could invalidate the signature.
4. Lack of consent: If it can be proven that the signatory did not intend to sign or was coerced, the signature may be invalidated.
5. Technical failures: If the electronic signature system fails to meet security standards, the signature could be challenged.

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Find out more about eSignature laws in the Americas:

• Legal requirements for eSignature in British Virgin Islands
• Legal requirements for eSignature in Canada
• Legal requirements for eSignature in the Cayman Islands
• Legal requirements for eSignature in Chile
• Legal requirements for eSignature in the Dominican Republic
• Legal requirements for eSignature in Mexico
• Legal requirements for eSignature in the USA

Recent court decisions on electronic signatures in Brazil

Brazilian courts have generally upheld the validity of electronic signatures in a number of cases. Recently, in the case of CAS Damazio Distribuidora de Gás Ltda. v. Companhia Ultragaz S/A, Appeal No. 0009004-04.2020.8.19.0213, (Apr. 2022), the Court of Appeals of the State of Rio de Janeiro held that the gas supply and equipment loan agreement between the parties had been validly signed electronically according to the standard set in Provisional Measure No. 2,200-2/2001, and that the authorship of the signatures and the integrity of the document’s content could be proved. You can read the judgement here.

Also, in FIDC Creditas Tempus v. Estevão Invenção de Souza Neto, Appeal No. 2012689-76.2022.8.26.0000, (Feb. 2022), the Court of Appeals of the State of São Paulo ruled in favour of the validity of electronically signed documents. Initially, the First Instance Judge required a manually signed agreement, citing Provisional Measure 2,200-2/2001. However, upon appeal, the court clarified that ICP-Brasil certification is not essential for an electronic document's validity and that Provisional Measure 2,200-2/2001 allows other means to prove the authorship and integrity of electronic signatures. This decision highlights the Brazilian courts' support for electronic signatures, recognizing their validity even without specific certification. You can access the judgement here. 

Forthcoming legislation on electronic signatures in Brazil

Currently, there is no specific forthcoming legislation that aims to change the existing legal framework for electronic signatures in Brazil. The current legal framework, established by Provisional Measure No. 2,200-2 and Law No. 14,063, is considered robust and up-to-date. However, the Brazilian government continuously reviews and updates regulations to adapt to technological advancements and international best practices. Any future updates are likely to focus on enhancing security measures and expanding the use of electronic signatures in more areas of public administration.Stakeholders should stay informed about any potential legislative changes that might affect the use of eSignatures.

Industry-specific standards for electronic signatures in Brazil

While the general legal framework for electronic signatures applies across industries, however, certain industries in Brazil have specific standards and requirements for electronic signatures:

1. Financial services: Often requires advanced or qualified electronic signatures for high-value transactions. The Central Bank of Brazil mandates the use of ICP-Brasil certificates for electronic transactions and contracts within the financial industry to ensure security and compliance.
2. Healthcare: The Ministry of Health and the Brazilian Health Regulatory Agency (ANVISA) may require specific security protocols for patient records and prescriptions in order to protect patient data and ensure regulatory compliance.
3. Government contracts: Public sector contracts often require qualified electronic signatures or digital certificates issued by ICP-Brasil to validate electronic signatures on official documents.
4. Legal profession: Court submissions often need to meet specific digital certification standards.
5. Real estate: High-value property transactions may require notarized electronic signatures.

These industry-specific standards ensure that electronic signatures meet the unique security and legal needs of each sector.

Adoption of electronic signatures in Brazil

The use of electronic signatures in Brazil has seen significant growth in recent years across various sectors. Businesses and government agencies are increasingly recognizing the efficiency and security benefits of eSignatures. Key factors driving this growth include:

1. Government initiatives promoting digital transformation
2. Increased remote work due to the COVID-19 pandemic
3. Growing trust in digital technologies
4. Cost and time savings for businesses

The Brazilian government has been a key player in promoting the adoption of eSignatures, implementing its use across various public services and encouraging private sector adoption.

Leading providers of eSignature in Brazil

Several providers offer electronic signature solutions in Brazil, helping businesses streamline their operations. Some of the leading providers include:

1. DocuSign: A global leader in electronic signature solutions.
2. Juro: A popular contract automation platform offering comprehensive eSignature solutions with robust security features and user-friendly interfaces.
3. Adobe Sign: Part of the Adobe Document Cloud suite.
4. SignNow: Offers a user-friendly platform for electronic signatures. 
5. RightSignature: Offers simple and secure electronic signature services suitable for small businesses.
6. HelloSign: A Dropbox company providing electronic signature solutions.
7. SignRequest: Offers simple electronic signature solutions. 

These providers offer a range of solutions catering to different needs, from simple electronic signatures to advanced digital certificate-based systems.

FAQ: common questions about electronic signatures in Brazil 

Are electronic signatures legally binding in Brazil?

Yes, electronic signatures are legally binding in Brazil when they meet the required standards and conditions set by law.

What are the main laws determining the legality of electronic signatures in Brazil?

The main laws are the Provisional Measure No. 2,200-2/2001, which established the Brazilian Public Key Infrastructure (ICP-Brasil) and Law No. 14,063/2020. 

What types of electronic signatures are recognized in Brazil?

Brazil recognizes three types: simple, advanced, and qualified electronic signatures.

Can I use an electronic signature for all types of documents in Brazil?

While electronic signatures are widely accepted, some high-value transactions or specific legal documents may still require traditional signatures.

What conditions must be met for an electronic signature to be legally binding in Brazil?

The signature must use an ICP-Brasil digital certificate, ensure document integrity and authenticity, and have the consent and intent of the parties involved.

Do I need a digital certificate to sign documents electronically in Brazil?

Not always. Simple electronic signatures don't require a digital certificate, but qualified signatures do.

Have there been any recent court decisions on electronic signatures in Brazil?

Yes, recent decisions by the São Paulo State Court of Appeals, the Rio de Janeiro State Court of Appeals and the Superior Court of Justice have upheld the validity of electronic signatures meeting legal requirements. 

Is any forthcoming legislation set to change things regarding electronic signatures in Brazil?

There is no specific forthcoming legislation, but ongoing regulatory reviews may lead to updates.

How widespread is the adoption of electronic signatures in Brazil?

Adoption is growing rapidly across various sectors. The government has been a key player in promoting the adoption of electronic Signatures, implementing its use across various public services and encouraging private sector adoption.

Who are the leading providers of electronic signatures in Brazil?

Leading providers include Juro, DocuSign, Adobe Sign, Signnow, RightSignature, HelloSign, and SignRequest.

Are foreign electronic signatures recognized in Brazil?

Foreign electronic signatures can be recognized if they meet Brazilian legal standards or if there's a specific international agreement in place.

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The legal framework for electronic signatures in Brazil is robust and continues to evolve with technological advancements. As businesses and government agencies increasingly adopt digital processes, the importance and prevalence of electronic signatures in Brazil are set to grow further. By understanding the legal requirements and choosing the appropriate level of electronic signature, individuals and organisations can confidently embrace this technology, enjoying its benefits of efficiency, security, and convenience.

Juro is not a law firm and this article should not be relied on as legal advice.