08/10/2024
In a recent judgment of September, 24, 2024, the Superior Court of Justice reaffirmed the validity of electronic signatures on contracts and other legal documents, even if the signature is not accredited to the Brazilian Public Key Infrastructure (ICP-Brasil).
According to the reporting Justice, who was unanimously supported by his peers, there are different levels of authentication, and the signature can be “advanced” (when certified by entities without ICP-Brasil accreditation) or “qualified” (when accredited by ICP-Brasil).
In addition, the judgment considered that the parties, in the legitimate exercise of their private autonomy, mutually chose a means of proving the authenticity and integrity of documents in electronic form, by means of an entity not accredited by ICP-Brasil.
As a result, the Superior Court of Justice upheld the appeal in order to overturn the judgment of the state court, which had found the electronic signature to be insufficient.
The judgment was made in accordance to article 10, paragraph 2, of Provisional Measure 2200-2/2001 and article 411, I, of the Civil Procedure Law.
Authored by: Ricardo Castro Ramos
