Are e-signatures legal, admissible, and enforceable in Brazil?
Yes
Provisional Measure No. 2200-2/2001, as amended by Law No. 14063/2020.
Electronic signatures are generally admissible and enforceable in Brazil. Brazilian law established the ICP-Brasil (public key infrastructure for Brazil), which is a digital certificate issuance system for which the law grants a presumption of authenticity. Signatures issued outside of this system are valid but do not enjoy this presumption. Public authorities may issue regulations where they may set forth that only electronic signatures issued within ICP-Brasil’s system will be acceptable for certain documents.
Law 11,419/06 establishes legal provisions regulating the use and acceptance of electronic signatures in legal documents used in the courts (including civil, criminal, and labor claims) and amends the Brazilian Civil Procedure Code in this regard.
Are there certain documents that cannot be e-signed in Brazil?
Generally speaking, during the pandemic crisis, the government expanded the use and acceptance of electronic signatures, including for certain documents that previously required ink signature (certain medical prescriptions, real estate documents, etc.). The public entity may determine whether any electronic signature is acceptable or if only electronic signatures issued under ICP-Brasil System are acceptable. Note that although applicable law may grant legal validity to electronic signatures, where such documents need to be registered or signed before a public notary, registration may be denied by the registry or the agency for lack of capability on the part of the agency/registry to process an electronically signed document.
Does local regulation govern the use of digital IDs and/or certificates for e-signatures in Brazil?
Yes
This depends on regulation to be issued by each public authority. Brazilian courts have recognized that electronic signatures express consent of a party to be bound just as physical signatures do; ICP-Brasil electronic signatures (the Brazilian equivalent of QES) carry a presumption of authenticity but are not required.
Does local law provide certification bodies / trust services that users of e-signatures should be aware of in Brazil?
Yes, ICP-Brasil
Provisional Measure No. 2200-2/2001, as amended by Law No. 14063/2020.
The Autoridade Certificadora Brasileira de Registros has accredited ICP-Brasil as the certifying authority for digital signatures using public key infrastructure. Private companies can issue digital certificates based on ICP-Brasil standards.
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*DISCLAIMER: The information contained in this guide is for information purposes only, provided as is as of the date of publication and should not be relied upon as legal advice or to determine how the law applies to your business or organization. It is recommended that you seek guidance from your legal counsel with regard to law applying specifically to your business or organization and how to ensure compliance. OneSpan does not accept liability for the contents of these materials or for third parties materials.
Last updated: November 2020