Is eSignature legal in Brazil?
Yes. Electronic signatures are legally recognized in Brazil and are used every day for commercial contracts, employment paperwork, and internal approvals. Brazilian contract law starts from freedom of form, so most agreements are valid however the parties choose to sign them. What changes with the signature method is not validity in principle but how easily the signature can be proven if someone disputes it — which is why Brazil distinguishes between ordinary electronic signatures and signatures backed by an ICP-Brasil digital certificate. A small set of documents still requires a public deed or another statutory formality.
eSignature Legality in Brazil
Brazil's electronic signature framework rests on two pillars. The first is the Brazilian Civil Code (Código Civil), which establishes that a declaration of will does not require a special form unless the law expressly demands one. The second is Provisional Measure No. 2.200-2/2001 (Medida Provisória 2.200-2/2001), which created ICP-Brasil, the country's national public key infrastructure, and set out the legal effect of digital certificates issued within it. Together these mean that electronic signatures are broadly usable, while ICP-Brasil certificates occupy a privileged evidentiary position.
Are electronic signatures legal in Brazil?
Yes. Under the Código Civil, the validity of a declaration of will does not depend on a special form except where the law expressly requires one (Article 107). Because no Brazilian statute requires a handwritten signature for ordinary commercial contracts, parties are free to agree electronically. MP 2.200-2/2001 reinforces this: documents signed with an ICP-Brasil certificate are presumed genuine as to their signatories, and the same measure expressly preserves the validity of other methods of proving authorship and integrity — including certificates not issued by ICP-Brasil — where the parties accept them or the recipient of the document does.
Law No. 14.063/2020 added a further layer by classifying electronic signatures into simple, advanced, and qualified tiers, together with Decree No. 10.543/2020 at federal administration level. That law was written for interactions involving public bodies rather than for contracts between private parties, but its vocabulary has become the common reference point across the Brazilian market. Separately, Law No. 14.620/2023 amended Article 784 of the Code of Civil Procedure to confirm that an electronically signed private instrument can be an extrajudicial enforcement instrument, accepting any type of electronic signature provided for by law and dispensing with witness signatures where the integrity of the document is verified by a signature provider service.
Types of electronic signatures in Brazil
Brazilian practice recognizes a spectrum rather than a single legal definition. The tiers set out in Law No. 14.063/2020 were drafted for dealings with public administration, but the market and most signing platforms now use the same three labels for private contracting. The practical difference between them is the strength of the evidence each one produces.
- Simple electronic signature (assinatura eletrônica simples): Identifies the signer and associates them with the document — for example through email confirmation or a click-to-sign flow — and is sufficient for most everyday commercial agreements where the risk of dispute is low.
- Advanced electronic signature (assinatura eletrônica avançada): Uses technology that links the signature uniquely to the signer, keeps it under the signer's sole control, and makes any later alteration to the document detectable, without relying on an ICP-Brasil certificate.
- Qualified electronic signature (assinatura eletrônica qualificada): Relies on a digital certificate issued under ICP-Brasil, which carries a legal presumption of authenticity in relation to the signatories and is the expected format for filings with public bodies and for transactions where the parties want the strongest evidentiary position.
Learn more about different eSignature types and how to choose the right eSignature method.
Scope and limitations of electronic signatures in Brazil
Most business documents in Brazil can be signed electronically. The exceptions are the documents for which the law prescribes a specific form — typically a public deed drawn up by a notary, or the physical presence of the parties. Where a formality of that kind applies, an ordinary electronic signature does not satisfy it, regardless of how well the signing process is documented.
✅ Common uses for electronic signatures
- Commercial and supply contracts between businesses
- Employment agreements and onboarding paperwork
- Non-disclosure and confidentiality agreements
- Service agreements, statements of work, and consultancy contracts
- Procurement documents, purchase orders, and supplier terms
- Sales quotes, order forms, and internal corporate approvals
Important considerations
- Wills and testamentary instruments. The Código Civil prescribes specific formalities for wills, including witnesses and, for a public will, a notary. These cannot be replaced by an ordinary electronic signature.
- Transactions requiring a public deed (escritura pública). The creation or transfer of rights in real property above the statutory value threshold — thirty times the highest minimum wage under Código Civil Article 108 — requires a public deed; because this threshold is low, most real estate transactions fall above it. Such transactions run through a notary rather than a general signing platform. Brazil's e-Notariado system allows certain notarial acts to be performed electronically by videoconference, under the CNJ's consolidated notarial framework, but that remains a distinct notarial channel with its own requirements.
- Certain family law acts. Acts such as celebrating a marriage or some adoption procedures require personal appearance before a registrar or court and are not completed by electronic signature.
- Filings with public bodies and regulated procedures, and counterparty or regulator standards. Where a document is submitted to public administration, a court, or a registry, the receiving body may require a specific signature tier — often an ICP-Brasil qualified signature. Banks, insurers, and public tenders frequently specify ICP-Brasil certification contractually or by internal policy, even where the law itself would accept a lower tier.
- Outside these categories, the main question in Brazil is evidentiary rather than formal. If a signature is challenged, the party relying on the document must be able to demonstrate who signed it and that it has not been altered, so signature records, timestamps, and audit trails carry real weight.
Choosing a higher tier — or keeping a thorough audit trail behind a simple signature — is a risk decision rather than a validity one.
Why choose Sign.Plus for eSignatures in Brazil?
Sign.Plus gives teams working with Brazilian counterparties a straightforward way to send, sign, and store agreements. Every envelope produces a tamper-evident audit trail recording signer identity details, IP address, and timestamps, and documents are encrypted in transit and at rest. Templates, bulk sending, and in-person signing cover the recurring paperwork — contracts, NDAs, onboarding packs — while signed documents stay retrievable for as long as you need them.
For teams that want signing built into their own systems, the Sign.Plus API embeds signature requests directly into a CRM, HR platform, or internal portal, with webhooks for status updates and programmatic access to completed documents and their audit trails. That keeps the signing record in one place instead of scattered across inboxes.
Get started today and streamline your document signing with Sign.Plus!
DISCLAIMER: The information on this page is provided for general informational purposes only. Electronic-signature requirements in Brazil may vary depending on the signing method used, the document, sector-specific regulation, and the circumstances of the transaction. This information is not legal advice and should not be used as a substitute for advice from a qualified legal professional.
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