eSignature Legality Summary

Under Brazilian law, a written signature is not necessarily required for a valid contract. Contracts are generally valid if legally competent parties reach an agreement, whether they agree verbally, electronically or in a physical paper document. According to the Brazilian Code of Civil Procedure, electronic records can be used to substantiate the validity of a contract.

The Provisional Measure No. 2,200-2/01, which created the “Infraestrutura de ChavesPúblicas Brasileira” (ICP Brasil), was established in 2001. e-Signatures used with the ICP-Brasil have authenticity, integrity, reliability and cannot be denied as evidence. The e-Signature stays linked to the signed electronic document. If the document undergoes any changes the e-Signature becomes invalid.

*The information on this site is "AS IS" and for general information purposes only.
General Business Use (Yes)

Whilst 100% legal; there are exceptions for very specific types oftransactions. It is still up to the discretion of the independent user, or governing body, whether they are used or not. As each business needs are different and the agreements themselves may vary. We always advise you to speak with an authority within your businesses category.

Court-Admissible (Yes)

Each country has its own regulations that determine whether an electronic signature is seen as legal or not. So, as long as your electronic signature adheres to these, a signature won't be rejected simply for not being handwritten.

e-Signature Legal Model (Tiered)

Brazil’s legal model is a tiered one. This means that Qualified Electronic Signatures are seen as a legal type of e-Signature. This doesn’t mean that a non-QES e-Signature can’t be submitted in court, but it will need extra evidence to support it.

emSigner Supports Following Use Cases for Standard Electronic Signatures (SES)

Use cases where an SES is typically appropriate include:

  • All software license agreements
  • Agreements that are commercial in nature between Corporate companies and entities which include purchase orders, service agreements, order acknowledgements, invoices, distribution agreements, NDA’s and sales
  • Agreements that deal with HR operations : non-disclosure agreements, invention assignment agreements, and privacy notices

emSigner Works With the Local Trust Service Providers and Supports Following Use Cases For Qualified Electronic Signature (QES)

Use cases where an AES is typically appropriate include:

  • Foreign Exchange Currency Agreement (Letter No. 3,280/2005)
  • Documents concerning social security, employment tax and contributions and
  • Other documents in relation to “Simples Nacional” taxation regime

Use Cases That Are Not Supported or Typically Not Appropriate for Electronic Signatures or Digital Transaction Management Using emSigner

Following are the use cases that are specifically not supported for digital or electronic processes or that includes requirements wherein wet ink or handwritten signatures or formal notarization is required.

  • Agreements for the license of patents, industrial designs, trademarks, supply of technology, technical assistance and franchising, such agreements, when signed between a foreign company and a Brazilian company, are required to be registered with the Brazilian Patent and Trademark Office (PTO) for purposes of deductibility and remittance of payments abroad
  • Handwritten - power-of-attorney (IT Act not applicable)
  • Lease contracts which are required to be registered with a public notary or registry
  • Foreign currency exchange agreements have a specific regulation which aims to deter tax and foreign currency evasion and money laundering
  • Transactions related to family law such as marriage, adoption, donation, inheritance
  • HR documents, including official employee registration documents such as Employment and Social Security Cards
  • Corporate documents to be registered with the commercial board of registry
  • Agreements related to Real estate transfers and property documents, such as mortgages, which are required to be registered with the Real Estate Registry Offices
  • Banking agreements that strictly require handwritten or wet ink signature. Such agreements are required to be registered with a public notary for publication reasons

“Digital Signature” means a transformation of a message using an asymmetric cryptosystem such that a person having the initial message and the signer’s public key can accurately determinef
(a) whether the transformation was created using the private key that corresponds to the signer’s public key; and
(b) whether the message has been altered since the transformation was made

External Resources

DISCLAIMER: This information is intended to help you understand the legal framework of electronic signatures. However, eMudhra cannot provide legal advice. The law of electronic signatures is constantly evolving. This guide is not intended as a legal advice and should not serve as a substitute for professional legal advice. You should consult an attorney regarding any specific legal concerns.
eMudhra, and all associates including agents, officers, employees or affiliates, are not liable for any direct, indirect, incidental, special, exemplary or consequential damages.