Quick facts
Legal recognition of eSignatures in Brazil
eSignatures are legally recognized in Brazil under Provisional Measure No. 2,200-2/2001, which established the Brazilian Public Key Infrastructure (ICP-Brasil). This framework aligns with international standards, such as UNCITRAL’s Model Law on Electronic Signatures, ensuring the security and authenticity of digital transactions.
In 2020, Brazil reinforced its commitment to digitalization with Law No. 14,063/2020, which expanded the use of eSignatures, particularly in public administration, and strengthened the legal standing of digital transactions across various sectors.
Types of electronic signatures accepted in Brazil
Brazil recognizes three main types of electronic signatures under Provisional Measure No. 2,200-2/2001 and Law No. 14,063/2020:
1. Simple electronic signature (SES)
These are basic form of electronic acceptance (for example, typed name, scanned signature, email agreement). Suitable for low-risk agreements but has limited legal enforceability.
2. Advanced electronic signature (AES)
It requires enhanced security measures, such as biometric authentication or unique access codes. Commonly used for business contracts and certain government transactions.
3. Qualified electronic signature (QES)
The highest level of security, legally equivalent to a handwritten signature. It must be issued by an ICP-Brasil-certified provider. QES are required for high-risk documents, such as certain public contracts and legal filings.
Requirements for legality of eSignatures in Brazil
In Brazil, eSignatures are legally valid as long as they meet specific requirements:
- Compliance with legal framework: eSignatures must adhere to Provisional Measure No. 2,200-2/2001 and Law No. 14,063/2020, with ICP-Brasil setting standards for qualified electronic signatures (QES).
- Identity verification: SES requires minimal or no authentication. AES must include additional security measures such as biometrics or unique access codes. QES requires authentication through an ICP-Brasil-certified digital certificate.
- Integrity and security: Signed documents must be tamper-proof, and encryption or secure authentication methods are recommended, especially for AES and QES.
- Acceptance based on document type: SES and AES are valid for most private contracts, while QES is required for certain legal documents, such as government contracts, legal filings, and financial transactions.
- Auditability and traceability: eSignatures should include an audit trail with timestamps, signer identity, and authentication methods to ensure transparency and legal compliance.
Limitations and exceptions
In Brazil, while eSignatures are generally accepted, certain documents require specific formalities that preclude the use of eSignatures. These include "solemn contracts" or "special contracts" that must be in writing and registered with the appropriate authorities. For example, disinheritance (which can only be made by will).
Documents requiring notarization cannot be replicated electronically. It's essential to consult with the relevant government entity to determine if eSignatures are accepted and to understand the specific procedures that must be followed.
While eSignatures are enforceable in Brazil, certain situations may require a specific form and format and/or registration before a notary public or public authority. In these cases, it's advisable to assess on a case-by-case basis whether an eSignature can be used and which type applies.
Industries and use cases of eSignatures in Brazil
Regulatory authority and compliance tips
The Brazilian Public Key Infrastructure (ICP-Brasil) is the regulatory authority responsible for overseeing eSignatures in Brazil. Established under Provisional Measure No. 2,200-2/2001, ICP-Brasil ensures the authenticity, integrity, and legal validity of electronic signatures, particularly qualified electronic signatures (QES). The framework aligns with global best practices and mandates strict certification standards for trusted digital signatures.
To ensure compliance, businesses must keep these best practices in mind:
1. Choose the right type of eSignature
Use simple electronic signatures (SES) for low-risk agreements. Opt for advanced electronic signatures (AES) when additional authentication is required. Use qualified electronic signatures (QES) for high-risk documents that require an ICP-Brasil-certified digital certificate.
2. Verify signer identity
Use multi-factor authentication (MFA) or official digital certificates to confirm the signer's identity. For legally sensitive documents, rely on ICP-Brasil-certified providers.
3. Ensure document integrity
Use encryption and secure digital storage to prevent unauthorized alterations. Maintain a secure audit trail with timestamps and authentication logs.
4. Follow industry-specific regulations
Certain sectors, such as banking, real estate, and healthcare, may require specific security measures. Check with government agencies or regulatory bodies for compliance in specialized industries.
5. Confirm legal and notarial requirements
Some documents may require physical signatures or notarization. Review Brazilian laws and consult legal experts to confirm document validity.
6. Keep records and proof of signature
Store signed documents securely and ensure they are retrievable in case of legal disputes. Use legally recognized platforms that comply with ICP-Brasil regulations.
Frequently asked questions
Are eSignatures legally valid in Brazil?
Yes, eSignatures are legally recognized in Brazil under Provisional Measure No. 2,200-2/2001, which established the Brazilian Public Key Infrastructure (ICP-Brasil). Law No. 14,063/2020 further expanded the acceptance of eSignatures, particularly in public administration. However, the type of eSignature required depends on the nature of the document and its legal implications.
ICP-Brasil (Infraestrutura de Chaves Públicas Brasileira) is Brazil’s national public key infrastructure system that oversees the issuance of qualified electronic signatures (QES). It ensures that digital signatures comply with strict security and authentication standards, making them legally equivalent to handwritten signatures. Only digital certificates issued by ICP-Brasil-certified authorities have full legal validity for high-risk documents.
What are the different types of eSignatures in Brazil?
Brazil recognizes three types of eSignatures. Simple electronic signatures (SES) include basic digital acceptance methods, such as scanned signatures or email approvals, but have limited legal enforceability. Advanced electronic signatures (AES) require additional authentication measures, such as biometric verification or one-time passwords, and are suitable for business contracts and regulated transactions. Qualified electronic signatures (QES) are the most secure, as they must be issued by an ICP-Brasil-certified provider and are legally equivalent to handwritten signatures.
Are eSignatures accepted for contracts and business agreements?
Yes, eSignatures are widely accepted for business contracts, employment agreements, financial transactions, and procurement deals. However, businesses should ensure they use an appropriate level of security, especially for high-value transactions. AES and QES are recommended for contracts that require a higher level of identity verification and legal enforceability.
Do eSignatures hold up in Brazilian courts?
Yes, eSignatures are legally enforceable in Brazilian courts if they meet the required security and authentication standards. Courts may request additional evidence, such as audit trails, timestamps, and identity verification records, to confirm the authenticity of a signature. Using an ICP-Brasil-certified provider significantly strengthens the legal standing of an electronically signed document.
How can businesses ensure compliance when using eSignatures?
Businesses should choose an eSignature solution, such as Signeasy, that aligns with ICP-Brasil standards for maximum legal protection. Ensuring secure authentication methods, document encryption, and audit trails is crucial for compliance. Additionally, companies should be aware of industry-specific regulations and verify whether certain documents require a QES or notarization. Consulting legal professionals can help businesses navigate compliance requirements effectively.
