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.

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.