eSignature law in Brazil
Electronic signatures are legally binding in Brazil under Provisional Measure 2.200-2/2001 (ICP-Brasil) and Law 14.063/2020, which recognises simple, advanced and qualified signature tiers.
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Governing law: Provisional Measure (MP) 2.200-2/2001 (ICP-Brasil) + Law No. 14.063/2020 (2001)
Brazil established the legal framework for electronic signatures with MP 2.200-2/2001, which created ICP-Brasil, the national public-key infrastructure, and gave documents signed with an ICP-Brasil certificate a presumption of authenticity. Law 14.063/2020 modernised the framework and formally defined three tiers: simple (assinatura eletrônica simples), advanced (avançada) and qualified (qualificada, using an ICP-Brasil certificate). Between private parties, a signature of any tier is valid where both parties accept it, and documents not signed with an ICP-Brasil certificate are still valid when the parties agree on the method (MP 2.200-2 Art. 10 §2). Qualified ICP-Brasil signatures carry the strongest evidentiary weight and are required for many interactions with public bodies.
What makes an eSignature valid in Brazil
- Agreement of the parties on the signature method (for non-ICP signatures)
- Attribution and identification of the signer
- Integrity of the document after signing
- For the strongest presumption or public-sector filings: an ICP-Brasil qualified certificate
- Retention of evidence of authorship and consent
Where eSignatures are not valid
- Acts that by law require a specific public or notarial form
- Certain real-estate registrations without the prescribed procedure
- Some interactions with public bodies that mandate a qualified (ICP-Brasil) signature
- Documents expressly excluded by specific statute
FAQ
Are electronic signatures legal in Brazil?
Yes. Under MP 2.200-2/2001 and Law 14.063/2020 electronic signatures are legally valid. Between private parties any tier is binding where the parties accept the method; ICP-Brasil qualified signatures carry a presumption of authenticity.
Do I need an ICP-Brasil certificate to sign in Brazil?
Not for private contracts, where a simple or advanced signature the parties agree to is valid. An ICP-Brasil qualified certificate is needed for the strongest presumption and for many dealings with government bodies.
Can I sign a commercial contract electronically in Brazil?
Yes. Commercial contracts, NDAs and service agreements between private parties are valid with electronic signatures the parties accept, under MP 2.200-2 Art. 10 §2.
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