Brazil has fragmented electronic signature laws. There are separate laws regulating different aspects of use of electronic signatures. The most important of them are the following:
The Civil Code of Brazil, establishes that a contract is valid if it is executed in the form not prohibited by the law.
The Provisional Executive Act 2,200-2/2001, establishe s (i) the legal framework for the use of electronic and digital signatures in Brazil and (ii) the Brazilian public key infrastructure for digital certificates, ICP-Brasil.
The Law 14,063/2, provides the electronic signature usage rules for the public health-related matters and state authorities.
What Electronic Signatures Are Recognized in Brazil?
Generally, Brazilian laws do not differentiate between electronic signature and digital signatures. According to the Provisional Executive Act 2,200-2/2001, the electronic signature is recognized valid in Brazil if the following requirements are met:
01
The signature certificate evidences the authorship of the document.
02
The data integrity of the signed document is proved.
03
The parties have agreed to use that signature and recognize it as valid.
pdfFiller electronic signatures qualify as valid electronic signatures in Brazil.
Use of Electronic Signatures By Government Entities
The Law 14,063/21 established a substantial legal framework for the use of electronic signatures in public sector transactions. This includes the following transactions:
Between state authorities and business.
Between state authorities and individuals.
Between different state authorities.
Internal interactions between departments and entities of the p ublic a dministration.
Transactions r elated to the public health-related matters, e.g., medical certificates.
Types of Electronic Signature In the Public Sector Transactions
The law defines electronic signature as a data in electronic format that is linked or logically associated with other data in electronic format and used by the signatory to sign the document.
For the public sector transactions, the law establishes a 3-tier electronic signature system by distinguishing simple, advanced, and qualified electronic signature.
Simple electronic signature must (i) allow to identify the signatory and (ii) attach or asso ciate data with other data in electronic form used by the signatory to sign the document.
Advanced electronic signature must:
01
Be uniquely associated with the signatory.
02
Use data to create an electronic signature which the signatory can, with a high level of confidence, operate under their exclusive control.
03
Be related to the data associated with it in such a way that any subsequent modification to the signed document is detectable.
Qualified electronic signature is the signature that is based on digital signature certificated issued by the state public key infrastructure, ICP-Brasil.
pdfFiller electronic signatures qualify as simple and advanced electronic signatures.
Situations When Electronic Signature Can Be Used In the Public Sector Transactions
Brazilian laws provide the list of transactions involving state authorities when simple, advanced, and qualified electronic signatures can be used. The lists provided below are not exhaustive.
Simple electronic signatures:
In a lower impact transactions with a public entity.
If a transactions involving a public entity does not involve information protected by a degree of confidentiality.
Advanced electronic signatures:
During the registration of acts before the commercial boards.
When a health professionals signs an electronic documents related to their area of activity.
When issuing prescriptions for medicines in electronic form.
In all transactions when a simple electronic signature can be used.
When directly prescribed by the internal requirements of the public entity.
Qualified electronic signatures:
When signing legislative acts.
When issuing electronic invoices.
In transactions involving the transfer and registration of real estate.
When issuing prescriptions for medicines that are subject to special control in electronic form.
When issuing medical certificates in electronic form.
In other situations required by the law.
Generally, in any electronic interaction with a public entity.
Validity of Electronic Signatures in Brazil
The electronic signature which is based on a digital signature certificate issued by the ICP-Brazil has a presum ption of validity. In other cases, it is assumed that a person seeking to introduce an electronic document or signature in any legal proceeding has the burden of proving the authenticity and integrity of the electronic signature.
Do Signatories Have to Consent To the Use of Electronic Signature in Brazil?
Brazilian laws do not explicitly elaborate on this matter. However, per general rule, no one can be obliged to use electronic signatures contract and the option for a handwritten signature should always be available.
Therefore, it is assumed that parties to the transaction need to consent to the use of electronic signature. In case of an argument, the asserting party might be required to provide evidence confirming the other party has agreed to sign the document electronically. That being said, it is unclear whether the person’s consent to use an electronic signature in Brazil may be inferred from the person’s conduct.
Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Last updated: September 2024
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