Legality of eSignatures in Brazil

  • Background
  • What is an electronic signature
  • Overview of eSignature regulations in Brazil
  • Summary analysis
  • Scope and limitations of eSignature transactions
  • Summary scope of limitations
  • How does BoldSign help
blogs-ads-banner-

Background

As technology rapidly evolves, there is an increased demand for contemporary methods to authenticate document signatories. This demand has significantly influenced the adoption of electronic signatures. Nonetheless, it is essential to grasp the important aspects of using electronic signatures within Brazilian jurisdiction.

Individuals should opt for an electronic signature provider that complies with Brazil’s legal system, particularly adhering to Provisional Measure No. 2,200-2 of 2001, Law No. 14,063 of 2020 and Decree No. 7,962 of 2013, to ensure their legal validity is on par with conventional handwritten signatures. It is also critical to recognize that certain documents still mandate a physical signature, and legal requirements can vary locally.

The integrity of electronic signatures is paramount. To thwart unauthorized access and preserve the document’s integrity, it is crucial to choose a service provider that offers strong security measures, including encryption, user authentication, and a detailed audit trail. BoldSign is a provider that includes these security measures, helping users meet both legal and security standards.

To sum up, although electronic signatures provide considerable advantages and are widely recognized, adhering to legal standards, focusing on security, and selecting an intuitive service are essential for their successful implementation in Brazil.

What is an electronic signature

In the Brazilian electronic signature laws, an eSignature is defined as a digital form of signature that includes letters, characters, numbers, or symbols associated with an electronic document and holds legal validity. To authenticate signatures on most documents, they must be verifiably linked to the signer and safeguarded against alterations or fraud. Additionally, the signer must demonstrate a clear intention to consent to the contents of the document. Fulfilling these conditions equates the legal status of electronic signatures with that of handwritten signatures.

Overview of eSignature regulations in Brazil

Operations entailing the use of electronic signatures in Brazil are regulated by the:

  • Provisional Measure No. 2,200-2 of 2001, as amended1
  • Law No. 14,063 of 2020, as amended by Law No. 14.620/2023
  • Decree No. 7,962 of 20132
  • Law 11,419/06

Other laws that govern electronic transactions are Law Number 14,382/2022 on electronic notarial services and the Digital Government Act Law 14,129/2021 specifically those dealing with public services by a public entity.

As a rule, the regulation deems the use of electronic signatures legal in the completion of transactions. eSignatures under Law No. 14,063, of September 23, 2020 (under article 4) are categorized into three categories:

  • Standard/Simple Electronic Signature
  • Advanced Electronic Signature
  • Qualified Electronic Signature

A simple electronic signature is defined as electronic data that allows the signatory to be identified and that attaches or associates data with other data in the electronic format of the signatory.

An advanced electronic signature is one that uses certificates not issued by ICP-Brazil or another means of proving the authorship and integrity of data in electronic form, as long as it is deemed by the parties as valid or accepted by the person to whom it is opposed, meeting the following characteristics:

  • It is uniquely associated with the signatory.
  • It uses data to create an electronic signature whose signatories can, with a high level of confidence, operate under its exclusive control.
  • It is related to the data associated with it in such a way that any subsequent modification is detectable.

Public key infrastructure

Brazil operates its own public key infrastructure (PKI) to issue digital certificates. Provisional Measure (MP) 2200-23establishes the legal recognition of documents signed digitally under conditions that it is created within the framework of ICP-Brazil and documents created outside of ICP-Brazil, provided they adhere to certain criteria that demonstrate the origin and integrity of the data.

A qualified electronic signature is one that uses a digital certificate in accordance with Brazilian regulations and which meets the standards of advanced electronic signatures.

Summary analysis

Under Law No. 14,063 of September 23, 2020

  • Type of signature

  • Unique features

  • Legal validity

  • Special Consideration on use

  • Standard Electronic Signature

  • N/A

  • Depends on the evidentiary value.

    • Interactions with a public entity that have a lower impact and that do not involve information protected by a degree of secrecy.

  • Advanced Electronic Signatures

    • Linked only to the holder.
    • Allows the holder to be identified.
    • Creation is under the user’s sole control.
    • It is easy to detect any alterations made to the document post-signing.
  • Valid unless the contrary is proven.
    • Electronic documents signed by health professionals and related to their area of activity.
    • In the registration of acts before commercial boards.
    • Interactions with a public entity that have a lower impact and do not involve information protected by a degree of secrecy.
    • Instruments in the form of private deeds of Real Estate Credit by Financial Institutions.

  • Qualified Electronic Signatures

    • It was created on an appropriate creation device.
    • Comes with a qualified signing certificate.
    • Linked only to the holder.
    • Allows the holder to be identified.
    • Creation is under the user’s sole control.
    • Easy to detect any alterations made to the document post-signing.
  • Valid unless the contrary is proven.
    • Prescriptions for medicines subject to special control and medical certificates in electronic form, provided for in the act of the Ministry of Health.
    • Electronic documents signed by health professionals and related to their area of activity.
    • In the registration of acts before commercial boards.
    • Electronic documents signed by health professionals and related to their area of activity.
    • In acts signed by heads of Power, Ministers of State, by holders of Power, or constitutionally autonomous bodies of a federative entity.
    • In the issuance of electronic invoices.
    • In acts of transfer and registration of real estate.
    • Filling of petitions in court.
    • Type of electronic signatureUnique featuresLegal validitySpecial Consideration on use
    Standard Electronic SignatureN/ADepends on the evidentiary value.
    • Interactions with a public entity that have a lower impact and that do not involve information protected by a degree of secrecy.
    Advanced Electronic Signatures
    • Linked only to the holder.
    • Allows the holder to be identified.
    • Creation is under the user’s sole control.
    • It is easy to detect any alterations made to the document post-signing.
    		Valid unless the contrary is proven.
    • Electronic documents signed by health professionals and related to their area of activity.
    • In the registration of acts before commercial boards.
    • Interactions with a public entity that have a lower impact and do not involve information protected by a degree of secrecy.
    • Instruments in the form of private deeds of Real Estate Credit by Financial Institutions.
    Qualified Electronic Signatures
    • It was created on an appropriate creation device.
    • Comes with a qualified signing certificate.
    • Linked only to the holder.
    • Allows the holder to be identified.
    • Creation is under the user’s sole control.
    • Easy to detect any alterations made to the document post-signing.
    • Prescriptions for medicines subject to special control and medical certificates in electronic form, provided for in the act of the Ministry of Health.
    • Electronic documents signed by health professionals and related to their area of activity.
    • In the registration of acts before commercial boards.
    • Electronic documents signed by health professionals and related to their area of activity.
    • In acts signed by heads of Power, Ministers of State, by holders of Power, or constitutionally autonomous bodies of a federative entity.
    • In the issuance of electronic invoices.
    • In acts of transfer and registration of real estate.
    • Filling of petitions in court.

    Electronic notarial services

    The government of Brazil has enacted the Law Number 14,382/20224, which primarily aims to create the Electronic System of Public Registries (SERP). This system is designed to unify notarial systems throughout the country, simplifying the bureaucratic procedures tied to the national notary system. It encompasses the combination of property registries, titles, and civil records pertaining to both natural persons and legal entities.

    Digital govenment services

    Digital Government Act Law 14,129/20215 , published on the official government gazzate on 11th June 2021, establishes guidelines, regulations, and tools aimed at enhancing the effectiveness of public administration, particularly by reducing bureaucracy, fostering innovation, implementing digital transformation, and encouraging citizen engagement. It is applicable to all public organizations that offer services to citizens, with the exception of public corporations, their savings company subsidiaries, and any subsidiaries that do not offer a public service.

    Scope and limitations of eSignature transactions

    The use of electronic signatures to conclude transactions is not uniformly recognized as legally valid. As a result, certain types of transactions and applications are acceptable for electronic signatures, while others are not. An examination of this issue is presented below, along with a concise table outlining the relevant transactions.

    Documents that can be signed

    Electronic signatures can be employed to affix signatures and countersignatures on an array of documents, such as:

    • Human Resources
    • Procurement
    • Non-Disclosure Agreements (assuming they are contracts, not formal deeds)
    • Software License Agreements
    • Insurance Industry
    • Educational Field, etc.

    Exemptions

    In limiting the applicability of Electronic Signatures, under Law No. 14,063 of September 23, 20206 it stipulates that eSignatures cannot be used in:

    • Legal proceedings.
    • Interaction:
      • Between Individuals or legal entities governed by private Law.
      • In which anonymity is permitted.
      • In which identification of the individual is waived.
    • The ombudsman systems of public entities.
    • Assistance programs for threatened victims and witnesses.
    • Other hypotheses require a guarantee to preserve the credibility of the individual’s identity when acting before the public entity.

    Summary scope of limitations

  • Permissible transaction

  • Exempted transactions

  • Any type of eSignature

    • Human Resources
    • Procurement
    • Non-Disclosure Agreements (assuming they are contracts, not formal deeds)
    • Internal correspondences
    • Insurance Industry
    • Educational Field
    • Offer letters

  • Qualified eSignature

    • Prescriptions for medicines subject to special control and medical certificates in electronic form, provided for in the act of the Ministry of Health.
    • Electronic documents signed by health professionals.
    • In the registration of acts before commercial boards.
    • Electronic documents signed by health professionals and related to their area of activity.
    • In acts signed by heads of Power, Ministers of State, by holders of Power, or constitutionally autonomous bodies of a federative entity.
    • In the issuance of electronic invoices.
      In acts of transfer and registration of real estate.
    • Filling of petitions in court.
    • Official court documents for execution.
    • Testamentary documents and trust,
      • Wills
      • Codicils
      • Nuptials
    • Notarizations and administration of oaths.
    • Interaction:
      • Between individuals or legal entities governed by private Law.
      • In which anonymity is permitted.
      • In which identification of the individual is waived.
    • The ombudsman systems of public entities.
    • Assistance programs for threatened victims and witnesses.
    • Permissible transactionsExempted transactions
    Any type of eSignatureQualified eSignature
    • Official court documents for execution.
    • Testamentary documents and trust,
      • Wills
      • Codicils
      • Nuptials
    • Notarizations and administration of oaths.
    • Interaction:
      • Between individuals or legal entities governed by private Law.
      • In which anonymity is permitted.
      • In which identification of the individual is waived.
    • The ombudsman systems of public entities.
    • Assistance programs for threatened victims and witnesses.
    • Human Resources
    • Procurement
    • Non-Disclosure Agreements (assuming they are contracts, not formal deeds)
    • Internal correspondences
    • Insurance Industry
    • Educational Field
    • Offer letters
    • Prescriptions for medicines subject to special control and medical certificates in electronic form, provided for in the act of the Ministry of Health.
    • Electronic documents signed by health professionals.
    • In the registration of acts before commercial boards.
    • Electronic documents signed by health professionals and related to their area of activity.
    • In acts signed by heads of Power, Ministers of State, by holders of Power, or constitutionally autonomous bodies of a federative entity.
    • In the issuance of electronic invoices.
    • In acts of transfer and registration of real estate.
    • Filling of petitions in court.

    To guarantee the authenticity of an electronic signature, it is recommended to adhere to the following best practices while also complying with all relevant legal obligations:

    • Verify the identity of the individual signing and, in cases involving business dealings, confirm that the individual is authorized to represent the company in signing the document.
    • Obtain explicit consent from the person signing, which should be recorded in the contract or a separate legal agreement, to establish their Agreement to use the chosen electronic signature for the document.
    • Ensure the document is safeguarded against any alterations post-application of the electronic signature.
    • Maintain a detailed record of the entire signing process that includes every action taken by the signer.

    Notable case laws on eSignature

    In Gavilon do Brasil Comércio de Produtos Agrícolas Ltda. v. Fenix Agronegocio Ltda7 [Case No. 2207406-25.2021.8.26.0000 at the São Paulo State Court of Appeals, September 2021], the matter at hand was an appeal questioning the legitimacy of an electronic signature affixed to a power of attorney within a sales agreement. The appellate judges confirmed the validity of the electronic signature despite the fact that it was issued by a private certification authority not accredited by ICP-Brazil. This decision took into account that the lack of accreditation from ICP-Brazil does not automatically negate the legal validity and enforceability of the electronic document, pursuant to Article 10, Clause (2) of Provisional Measure No. 2,200-2 of 2001. This position was further bolstered by an expert opinion and corroborated by email exchanges between the contracting parties. This ruling advanced the legal understanding that an electronic signature from a non-accredited certification authority can be considered valid if it fulfills the accreditation standards set by ICP-Brazil at the time of its usage.

    In FIDC Creditas Tempus versus Estevão Invenção de Souza Neto, (Appeal No. 2012689-76.2022.8.26.0000), in the state of São Paulo in February 2022, the appellate judges reached a decision similar to that of a preceding case. The court ruled that the certification of an electronic signature by ICP-Brasil is not a mandatory prerequisite for a document’s validity, particularly during the preliminary stages of legal proceedings before the defendant has had an opportunity to respond. Furthermore, the court mentioned that Provisional Measure 2,200-2/2001 does not exclude the use of alternative methods for establishing the authenticity and integrity of electronic documents, even for those not certified by ICP-Brasil.

    In Fmb4 Securitizadora S/A versus Dhemes Automotiva Ltda and others, [Appeal Number 2043881- 27.2022.8.26.0000]8, concerning an enforcement proceeding arising from an electronic private debt acknowledgment agreement for the purpose of recovering unpaid installment payments.

    The presiding judge required the claimant to submit an updated acknowledgment of debt due to concerns that the electronic signature was not backed by an officially recognized certification authority, as the platform used for signing was not accredited.

    The claimant appealed this decision and succeeded. The appellate court determined that a fresh acknowledgment of debt was not necessary prior to the defendants’ submission of their defense. Furthermore, the court acknowledged the legitimacy of documents executed via the Docusign platform, in line with the provisions of Article 10, Clause 2, of Provisional Measure 2,200-2/2001, as long as their validity is not contested.

    How does BoldSign help

    The following elements of compliance available within BoldSign can be used to comply with Brazil’s eSignature laws:

    • Secure and unique signing link:A secure and unique link to sign a document is sent directly to the signer’s email address. This helps ensure that the document is only accessed by the intended signer and cannot be tampered with.
    • Password protection: Senders can specify a password that needs to be entered before viewing and signing a document. This adds a layer of security to the signing process.
    • Audit trail: The IP address of the signer and timestamps for all significant events in the signing process are recorded in an audit trail. This provides a record of who signed the document, when, and where.
    • Digital signature: The final document is digitally signed with an AATL-compliant certificate. This ensures that the document cannot be tampered with without invalidating the signature.
    • Consent: Signers are asked to confirm their intent to sign electronically and informed that they could opt out. This helps ensure that the signer is aware of the implications of signing electronically and has consented to do so.
    • Custom terms: Getting your signers to agree to a custom set of terms. This can be useful to ensure additional security or that the signer understands the terms of the document.

    Disclaimer: The information on this page is intended to help businesses understand the legal framework of electronic signatures for this particular country.

    However, Syncfusion, its officers, directors, stockholders, affiliates, attorneys, accountants, employees, or agents cannot provide legal advice. You should consult your personal attorney regarding your specific legal questions. Laws and regulations change frequently, and this information may not be current or accurate. To the maximum extent permitted by law, Syncfusion provides this material on an “as-is” basis. Syncfusion disclaims and makes no representation or warranty of any kind with respect to this material, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.

    Syncfusion makes no warranties of any kind, including but not limited to respect to the information or the product, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Syncfusion disclaims all conditions, representations, and warranties, whether express, implied, or statutory, with respect to this information without limitation any implied warranty of merchantability, fitness for a particular purpose, accuracy, or currentness of this information.

    Syncfusion nor their officers, directors, stockholders, employees, affiliates, attorneys, accountants, or agents shall be liable for indemnification, nor does this create an express or implied, contractual or statutory, equitable or otherwise, under this Agreement. The officers, directors, stockholders, affiliates, attorneys, accountants, or agents will not have any liability in any form.

    1 Provisional Measure No. 2,200-2 of 2001, as amended -[ http://www.planalto.gov.br/ccivil_03/mpv/antigas_2001/2200-2.htm]
    2 Decree No. 7,962, Of March 15, 2013 Regulates Law No. 8,078, Of September 11, 1990, To Provide For Contracts In Electronic Commerce [Https://Www.Planalto.Gov.Br/Ccivil_03/_Ato2011-2014/2013/Decreto/D7962.Htm#Art9]
    3 Brazil Government Provisional Measure (MP) 2200-2 [2200-2 (planalto.gov.br)]
    4 Law Number 14,382/2022 on ElectronicPublic Record System (L14382 [(planalto.gov.br)]
    5Digital Government Act Law No. 14,129 of 2021[L14129 (planalto.gov.br)]
    66 Law No. 14,063 of September 23, 2020 Art. 2 [https://www.planalto.gov.br/ccivil_03/_Ato2019- 2022/2020/Lei/L14063.htm#art6]
    7 [https://www.jusbrasil.com.br/jurisprudencia/tj-sp/1281812019/inteiro-teor-1281812054 8]
    8[ https://www.jusbrasil.com.br/jurisprudencia/tj-sp/1442666969/inteiro-teor-1442666989]

    Enterprise-Ready E-Signatures

    Built to scale with your business

    Close deals faster, cut costs, and stay compliant. From startups to global enterprises, thousands trust BoldSign to simplify document signing.

    0 +

    Years in business

    0 +

    Customers

    0 +

    Countries

    0 +

    Built-in features

    Testimonials

    Why our customers love us

    The true measure of our impact lies in the stories shared by our valued partners.

    Google Integration, 25 free sends, dashboard, Signature font options, App is very responsive / fast, Emails between sender and signer are good, Audit trail is very helpful, No account needed for signer is great, Mobile experience is good for signer.

    Jeremy Kadlec

    Edgewood Solutions

    jeremy-kadlec

    Switch to BoldSign already! It's intuitive to use and affordable for small businesses. I never have to worry about the status of a document because with BoldSign I know. Plus, they let you program the frequency of reminders signatories receive. I'm so glad to have found it!

    Sarah Dillard

    Kaleidoscope

    sarah-dillard

    We’re using BoldSign successfully in our b2b SaaS platform - as it’s embedded to allow seasonal farm workers and their agribusiness employers to e-sign their employment onboarding documents for the first time. It’s part of the total solution saving the workers and HR managers 50% more time compared to their traditional pen/paper manual process.

    Scott Prince

    Croft

    scott-prince

    Sign up for your free trial today!

    • tick-icon
      30-day free trial
    • tick-icon
      No credit card required
    • tick-icon
      30-day free trial
    • tick-icon
      No credit card required
    signup-banner