E-signature Legality in Brazil
Brazil does not require a handwritten signature to make a contract legally valid. The Provisional Measure No. 2.200-2/01 was established in 2001 to enforce this provision. The law also created the Infraestrutura de Chaves Públicas Brasileira (ICP Brasil) to ensure the e-signatures met specific criteria.
E-signatures that comply with the ICP-Brasil are considered authentic and reliable and cannot be denied as evidence in court. The ICP-Brasil is a digital certificate issuance system that validates e-signatures and makes them superior to other electronically generated signatures.
Additionally, Law 11,419/06, which amended law 5,869/73 of the Brazilian Code of Civil Procedure, established the legal provisions that regulate the use and acceptance of e-signatures in court-related documents, including civil, criminal, and labor claims.
Brazil recognizes three tiers of signatures: Standard Electronic Signature (SES), which can be drawn or typed on any device; the Advanced Electronic Signature (AES), which uniquely identifies the signer; and the Qualified Electronic Signature (QES), which is equal to a handwritten signature. For the QES to be considered the same as a handwritten signature, the signature must meet the following criteria:
- Be linked exclusively to the signer
- Creation data must be under the control of the signer only
- Alteration attempts to the signature or information must be detectable
- The process must be supported by the Brazilian Public Key Infrastructure (ICP-Brasil)
Private and public companies have the freedom to choose which e-signature they prefer while conducting their businesses. Talk to a legal professional for further guidance.
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