eSignature legality summary
MP 2.200-2/2001 is the core statute, establishing digital certificates (ICP-Brasil) and defining electronic and digital signatures. Electronically signed documents are generally valid: the Civil Code (Art. 107) requires no special form for a declaration of will except where law says otherwise, and the Economic Freedom Act (Art. 18) validates private documents executed by any means evidencing authenticity and integrity, where agreed by the parties. Law 14.063/2020 added eIDAS-style tiers (SES/AES/QES) but applies mainly to public-sector and public-health interactions and does not replace MP 2.200-2/2001.
Types of permitted electronic signature
MP 2.200-2/2001 recognizes an “electronic signature” (any means evidencing authenticity and integrity, where accepted by the parties) and a “digital signature” (using an ICP-Brasil certificate). Law 14.063/2020 defines three tiers for public-sector contexts: simple (SES), advanced (AES), and qualified (QES, ICP-Brasil-based). A digital/qualified signature carries a presumption of validity; a simple signature’s authenticity may need to be proven if challenged, with the burden on the party that drew up the document.
Documents that may be signed electronically
Most agreements can be signed electronically where the method evidences authenticity and integrity, the parties agree (expressly or implicitly), and no law precludes it. Public-sector matters often require AES or QES — for example acts by senior officials, electronic invoices, real-estate transfer and registration, corporate assembly minutes, and health-professional documents or controlled-drug prescriptions.
Use with caution / not typically appropriate
Use heightened care (and often a specific tier) for government filings and recordable documents, corporate-law matters, notarized documents, and judicial powers of attorney (ad judicia). For strong evidentiary weight, prefer an ICP-Brasil digital/qualified signature (presumed valid) or attach a robust audit trail to a simple signature.
- Documents that law requires in a specific form or to be notarized
- Judicial powers of attorney (ad judicia) and certain corporate-law acts (specific signature tiers)
- Government filings and recordable documents (often require AES/QES)
Seminal court cases
None reported.
Primary sources
Disclaimer: This guide is general information, not legal advice, and is not a guarantee that any signature will be enforceable for a particular document, transaction, or jurisdiction. E-signature and data-protection laws change frequently. Confirm the requirements for your specific document and parties, and consult a licensed lawyer in the relevant country before relying on electronic signing.
Last reviewed: June 15, 2026