Overview of eSignature Legality in Brazil

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

Disclaimer: This information is intended for general informational purposes only. It is meant to help companies understand the legal framework used for eSignature legality. This is not intended to be legal advice and should not be a substitute for professional legal advice. Consult a licensed attorney for legal advice or representation.