eSignature Legality in Brazil

E-Signature Legality Summary

This guide explains the electronic-signature framework in Brazil, including the governing laws, legal effect, accepted signature methods, validity requirements, exclusions and practical business uses.

Applicable Laws

Provisional Measure No. 2,200-2/2001 and Law No. 14,063/2020

Legal Status

Electronic records and signatures receive legal recognition in Brazil under Provisional Measure No. 2,200-2/2001 and Law No. 14,063/2020. The signing process must also satisfy every document-specific rule on identity, evidence, delivery, retention, witnessing, notarization, registration or filing.

Regulatory Authority

Brazilian Public Key Infrastructure (ICP-Brasil)

Legal Recognition (Effect)

Electronic signatures are legally recognized in Brazil under Provisional Measure No. 2,200-2/2001, which established the Brazilian Public Key Infrastructure (ICP-Brasil). This framework is aligned with international standards such as the UNCITRAL Model Law on Electronic Signatures, ensuring the security and authenticity of digital transactions.

In 2020, Brazil passed Law No. 14,063, which further regulated the use of electronic signatures.

In 2020, Brazil reinforced its commitment to digitalization with Law No. 14,063/2020, which expanded the use of eSignatures, particularly in public administration, and strengthened the legal standing of digital transactions across various sectors.

Accepted Types of Electronic Signatures

Brazil recognizes three main types of electronic signatures under Provisional Measure No. 2,200-2/2001 and Law No. 14,063/2020:

An Electronic Signature (SES) has legal effect if it complies with Provisional Measure No. 2,200-2/2001 and Law No. 14,063/2020. A Qualified Electronic Signature (QES) must comply with ICP-Brasil standards and use an ICP-Brasil-certified digital certificate. A Simple Electronic Signature (SES) requires little or no identity verification; an Advanced Electronic Signature (AES) requires additional verification, such as biometrics or a unique access code; and a Qualified Electronic Signature (QES) requires verification through an ICP-Brasil-certified digital certificate. The signed document must be resistant to tampering, with an Advanced Electronic Signature (AES) or Qualified Electronic Signature (QES) ordinarily using encryption or another secure verification method to preserve authenticity and integrity. A Simple Electronic Signature (SES) or Advanced Electronic Signature (AES) may be used for most private contracts, while a Qualified Electronic Signature (QES) applies to specified legal documents, including government contracts, legal filings, and high-risk transactions. The signature must also provide a complete, traceable audit record, including the timestamp, signatory identity, and verification method.

These are basic form of electronic acceptance (for example, typed name, scanned signature, email agreement). Suitable for low-risk agreements but has limited legal enforceability.

2. Advanced electronic signature (AES)

Use the signature method and assurance level defined by the governing law for the relevant document and transaction. The implementation review should distinguish:

• an electronic action that records the signer's intent, such as typing a name or selecting an agreement control;
• a process that adds verified identity, exclusive control and tamper-evident evidence; and
• a certificate-based or regulated signature where the law or receiving authority prescribes that method.

Legal Requirements for Electronic Signatures

In Brazil, eSignatures are legally valid as long as they meet specific requirements:

Compliance with legal framework: eSignatures must adhere to Provisional Measure No. 2,200-2/2001 and Law No. 14,063/2020, with ICP-Brasil setting standards for qualified electronic signatures (QES).

Identity verification: SES requires minimal or no authentication. AES must include additional security measures such as biometrics or unique access codes. QES requires authentication through an ICP-Brasil-certified digital certificate.

Integrity and security: Signed documents must be tamper-proof, and encryption or secure authentication methods are recommended, especially for AES and QES.

Acceptance based on document type: SES and AES are valid for most private contracts, while QES is required for certain legal documents, such as government contracts, legal filings, and financial transactions.

Auditability and traceability: eSignatures should include an audit trail with timestamps, signer identity, and authentication methods to ensure transparency and legal compliance.

Limitations and Exceptions

In Brazil, while eSignatures are generally accepted, certain documents require specific formalities that preclude the use of eSignatures. These include "solemn contracts" or "special contracts" that must be in writing and registered with the appropriate authorities. For example, disinheritance (which can only be made by will).

Documents requiring notarization cannot be replicated electronically. It's essential to consult with the relevant government entity to determine if eSignatures are accepted and to understand the specific procedures that must be followed.

While eSignatures are enforceable in Brazil, certain situations may require a specific form and format and/or registration before a notary public or public authority. In these cases, it's advisable to assess on a case-by-case basis whether an eSignature can be used and which type applies.

Industry Applications and Typical Use Cases

Industry:Banking and finance

Reason for using eSignatures:Speeds up transactions, ensures compliance with digital security regulations

Common use cases

• Loan agreements
• Account opening forms
• Investment contracts
• Credit approvals

Industry:Legal and compliance

Reason for using eSignatures:Facilitates contract execution while ensuring legal validity

Common use cases

• Employment contracts
• NDAs
• Partnership agreements
• Power of attorney (with QES)

Industry:Government and public sector

Reason for using eSignatures:Enhances efficiency in public services and reduces paperwork

Common use cases

• Tax filings
• Procurement contracts
• Public tenders
• Digital certificates

Industry:Healthcare and pharmaceuticals

Reason for using eSignatures:Ensures secure handling of patient data and regulatory compliance

Common use cases

• Patient consent forms
• Medical prescriptions
• Clinical trial documentation

Industry:Real estate and construction

Reason for using eSignatures:Simplifies property transactions and contract approvals

Common use cases

• Lease agreements
• Contractor agreements
• Mortgage applications (some documents may require notarization)

Industry:Education

Reason for using eSignatures:Streamlines administrative processes and student services

Common use cases

• Enrollment forms
• Degree certifications
• Faculty contracts

Industry:Technology

Reason for using eSignatures:Accelerates business agreements in digital environments

Common use cases

• Software licensing agreements
• Vendor contracts
• Data protection agreements

Industry:Human resources (HR)

Reason for using eSignatures:Reduces paperwork and speeds up onboarding processes

Common use cases

• Offer letters
• Employee contracts
• Payroll authorizations
• Remote work agreements

Industry:eCommerce and retail

Reason for using eSignatures:Enhances customer experience with seamless digital transactions

Common use cases

• Purchase orders
• Vendor agreements
• Subscription services

Industry:Insurance

Reason for using eSignatures:Speeds up policy issuance and claims processing

Common use cases

• Insurance applications
• Claims processing
• Policy renewals