Do digitally signed documents have legal validity?

The digital signing of contracts is a highly convenient and secure process. It has no expiration date and all its steps are easily traceable, which allows for auditing. Furthermore, it has the same legal value as a handwritten signature, being regulated by Provisional Measure No. 2,200-2, of August 24, 2001, and by Law No. 14,063, of September 23, 2020.

How to ensure legal validity?

With the increasing digitization of processes, the digital signature has become an effective solution for validating documents remotely. This offers greater convenience, speed, and security.

In an increasingly digital world, it is essential that electronically signed documents have the same legal validity as physical documents signed by hand. This ensures the security and legality of agreements made online.

In order for a document to be legally recognized, it must meet certain requirements that guarantee its authenticity and compliance with the law. Although these requirements may vary depending on the type of document and its purpose, they generally include:

• Identification of the parties: crucial to ensure the validity of a signed document. Make sure all parties involved are correctly identified and have the proper authority to sign.
• Authenticity: the authorship of the signature must be proven, which can be easily done using electronic means, such as the ICP-Brasil standard digital certification.
• Security: the content of the document must remain unaltered after signing, ensuring that the agreed terms remain secure and protected.
• Legal compliance: documents must be prepared and signed in accordance with the applicable current legislation.
• Intent clause: the document must contain an unequivocal declaration from the parties involved regarding the use of the digital signature.

What are the laws that regulate digital signatures?

In 2001, Provisional Measure 2,200-2 was created, establishing the Brazilian Public Key Infrastructure (ICP-Brasil), a trust hierarchy that enables the issuance of digital certificates for virtual identification of citizens, provided by the National Institute of Information Technology (ITI).

Law 14,063/2020, also known as the Electronic Signature Law, was published in September 2020 and helped popularize the use of this type of signature by reinforcing its legal validity. Additionally, this law expanded the possibilities of application within public authorities, which now accept various forms of electronic signatures, proving their validity and security.

The Federal Government published Decree 10,543/2020, which establishes more specific rules for the use of simple, advanced, and qualified electronic signatures by federal public entities. This new regulation aims to simplify bureaucratic processes and streamline communication between government agencies.

Law No. 11,419/2006, also known as the law on computerization of judicial proceedings, establishes that electronically produced documents attached to electronic proceedings shall be considered originals for legal purposes, provided their authenticity and signature are guaranteed in accordance with the standards established by this law.

The Code of Civil Procedure states that electronic documents produced and maintained in compliance with specific legislation shall be accepted, according to Article 441.

Brazilian legislation regulates electronic and digital signatures, ensuring their legal validity. It is important to note that the electronic format cannot deny the legal effect of a transaction. Therefore, it is safe to say that electronic signatures have legal validity as long as they are properly obtained, using compatible technologies for authenticity and integrity.

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