The Legality of eSignatures in Brazil

Documents that can be signed electronically

In general, most types of agreements and other documents can be signed electronically as long as:

• The means used can create an e-signature that meets the requirements of authenticity and integrity established in the legislation
• The parties agree to use an electronic form
• The law does not preclude the use of electronic signatures and records

In the public sector, the use of electronic signatures is permitted provided that advanced and qualified signatures are required, these use cases include:

• Real estate transfer and registration
• Acts signed by the President, Branch Heads, Ministers of State, or authorised persons
• Minutes of assemblies, conventions, and meetings of legal entities 
• Issuance of electronic invoices
• Electronic documents signed by health professionals

Documents that may not be electronically signed

The following document types may have specific requirements for the use of e-signatures, even though their use is not prohibited, caution and attention should be used before using them on these documents:

• Corporate law-related documents
• Documents to be notarised
• Government filings and documents to be recorded 
• Power of attorney to be used before the courts

Types of e-signature permitted in Brazil

The types of electronic signatures allowed in Brazil have evolved over time. Initially, MP 2,200/2001 recognised two types: electronic and digital signatures. However, Law 14,063/2020 has expanded these into three categories:

1. Simple electronic signature: This is an electronic signature that identifies the signer and confirms their intent to sign a document.
2. Advanced electronic signature: This type involves additional security measures to verify the authorship and integrity of the document. It must be uniquely linked to the signer, with the signer maintaining exclusive control over the signature data. Any alterations to the document or signature after signing must be detectable.
3. Qualified electronic signature: This signature is tied to the use of an ICP-Brazil digital certificate, offering the highest level of security and legal recognition.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

• Provisional Measure 2,200-2/2001
• Economic Freedom Act
• Law 14,063/2020

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction. 

Last Updated 9th October 2024