Guide sur la valeur juridique de la signature électronique

Brazil has legally recognized eSignatures since 2001 with Medida provisoria 2.200-2.

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Electronic Signature Law

The Medida provisoria 2.200-2 addresses the guidelines for eSignatures that must be met for a signature to be valid. In certain cases, additional information is required in court to prove the validity of an electronically signed document.

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Are eSignatures legal, admissible, and enforceable?

Yes.

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Summary of Law

Brazil has a tiered system for electronic signatures and specific standards are put in place for what type of electronic signature is required. A contract is generally valid when the parties reach an agreement that is expressed verbally, in writing, by electronic means, or by any other technology, or by unambiguous signs.

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In some stances when the digital signatures are required, they need to meet the following criteria to be equivalent to handwritten signatures.

• The signature creation data is, within the context in which they are used, linked exclusively to the signatory
• The signature creation data is, at the time of signing, under the exclusive control of the signatory and of no other person
• Any alteration to the electronic signature, made after the time of signing, is detectable
• Any alteration made to the information (to which e-signature relates) after the time of signing is detectable
• Document is certified by Brazil’s government-recognized public key infrastructure (PKI).

The tiered eSignature legal model in Brazil allows companies to select the type of eSignatures to use while conducting their business.

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Key Restrictions

eSignatures are not recommended for:

• Documents requiring notarization
• Real estate transactions
• Marriage licenses