Yes, eSignatures are legal in Brazil. The country recognizes different types of electronic signatures under Provisional Measure No. 2,200-2/2001, which established the Brazilian Public Key Infrastructure (ICP-Brasil).
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.
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.
In Brazil, eSignatures are legally valid as long as they meet specific requirements:
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.
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.
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.
Use encryption and secure digital storage to prevent unauthorized alterations. Maintain a secure audit trail with timestamps and authentication logs.
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.
Some documents may require physical signatures or notarization. Review Brazilian laws and consult legal experts to confirm document validity.
Store signed documents securely and ensure they are retrievable in case of legal disputes. Use legally recognized platforms that comply with ICP-Brasil regulations.
The information in this guide is intended for general informational purposes only and does not constitute legal advice. Laws regarding eSignatures may vary by jurisdiction and are subject to change. We recommend consulting with qualified legal counsel to determine how these laws apply to your business or organization. Signeasy does not assume responsibility for the accuracy or reliability of this information as it applies to specific cases.
http://www.planalto.gov.br/ccivil_03/mpv/antigas_2001/2200-2.htm
https://www.gov.br/iti/pt-br/assuntos/icp-brasil