Electronic Signature Law and Legality in Brazil

Electronic signatures are legally recognized in Brazil and have been accepted since 2001, following the introduction of Medida Provisória 2.200-2. Under Brazilian law, a written, verbal, or electronic agreement between competent parties is legally binding—and a handwritten signature is not required for most contracts to be valid.

Brazil’s Legal System: A Civil Law Foundation

Brazil operates primarily under a Civil Law system, much like many European countries such as Germany. While it incorporates some aspects of Common Law, especially in regulatory areas, the core legal system is based on codified statutes.

Key features of Brazil’s legal framework:

• Built on written codes and legislative actions
  
  
• Emphasizes judicial interpretation and adaptability
  
  
• Contracts, property, and criminal law rely on codified rules rather than precedent
  

Brazil’s Tiered Model for eSignatures

Brazil follows a tiered structure for electronic signatures, where most digital signatures are valid unless a law explicitly requires a specific format or process.

According to Brazil’s Civil Code and Code of Civil Procedure, electronic records and signatures can serve as evidence in court to confirm the validity of an agreement. However, higher assurance may be required for specific types of transactions.

Types of Electronic Signatures in Brazil

Brazil recognizes three types of electronic signatures, each offering a different level of verification and legal strength:

1. Standard Electronic Signature (SES)

• Basic eSignature with no formal verification
  
  
• Includes typed or drawn signatures
  
  
• Suitable for most business-related documents
  

2. Advanced Electronic Signature (AES)

• Uniquely identifies the signer
  
  
• Relies on secure methods to link the signature to the individual
  
  
• Offers greater legal assurance than SES
  

3. Qualified Electronic Signature (QES)

• Created using a secure signature creation device
  
  
• Backed by a qualified digital certificate issued by an approved authority
  
  
• Legally equivalent to a handwritten signature
  

When Is SES Appropriate in Brazil?

Standard electronic signatures are commonly used for:

• HR documents such as employment contracts and onboarding forms
  
  
• Non-disclosure agreements (NDAs)
  
  
• Sales contracts and commercial agreements
  
  
• Software licenses and service agreements
  

SES is widely accepted in everyday business operations and internal documentation.

When Is QES Required in Brazil?

A Qualified Electronic Signature (QES) is legally required for specific transactions that involve high regulatory or legal risk. Notably:

• Foreign Exchange Currency Agreements
  
  
• Any documents requiring notarization or formal witnessing
  

In such cases, only a QES or a handwritten signature will meet the legal requirements.

Disclaimer

This information is provided for general educational purposes and does not constitute legal advice. Legal requirements may vary based on document type, industry, or jurisdiction. For specific legal guidance, consult a licensed attorney in your region. Blueink disclaims all liability for actions taken or not taken based on this content, to the fullest extent permitted by law.