Skip to content

Are electronic signatures legally valid in Brazil? What MP 2.200-2 and Law 14.063 say

The three levels of electronic signature, when an ICP-Brasil certificate is mandatory and which evidence makes a digital contract robust.

ByEquipe Signato 22 de September de 2026 4 min read
Executive signing a contract on a tablet

“Is a contract signed electronically worth the same as one signed on paper?” This is still one of the most frequent questions from legal, HR and sales teams in Brazil. The short answer is yes, in the vast majority of cases — as long as you choose the right type of signature and preserve the right evidence. Here is what Brazilian law says.

Provisional Measure (MP) No. 2.200-2/2001 created the Brazilian Public Key Infrastructure (ICP-Brasil) and established that electronic documents signed with certificates from that infrastructure are presumed true in relation to their signers.

The point many people miss is in paragraph 2 of article 10: the MP does not prevent the use of other means of proving the authorship and integrity of electronic documents, including certificates not issued by ICP-Brasil, provided they are accepted as valid by the parties or by the person against whom the document is presented. This provision underpins the validity of the e-signature platforms companies use every day.

The three levels of Law 14.063/2020

Law No. 14.063/2020 organized electronic signatures into three levels:

  • Simple electronic signature: identifies the signer and associates data with other electronic data — for example, acceptance with a login and email confirmation.
  • Advanced electronic signature: uses certificates not issued by ICP-Brasil or other means of proof, uniquely linked to the signer, under their exclusive control and able to detect any later change to the document.
  • Qualified electronic signature: uses an ICP-Brasil digital certificate. It has the highest evidentiary weight.

The law focuses on interactions with public bodies, but the classification has also become a reference for private relationships.

When a qualified signature is mandatory

Some acts require an ICP-Brasil certificate by law or regulation — for example, certain filings with public bodies, registrations and situations where specific rules require it. For most private contracts — service agreements, employment contracts and amendments, NDAs, leases, adhesion terms — an advanced electronic signature with good evidence is usually sufficient.

The decision should consider the document’s risk, the requirements of any registry and the profile of the parties. When in doubt, consult your legal team.

What makes an electronic signature robust

In a dispute, validity rests on the quality of the evidence. A good platform should record:

  • the signer’s identification data and the authentication factors used (email, SMS, token, selfie, facial biometrics);
  • IP address, date and time of each event, with a trusted timestamp;
  • a cryptographic hash of the document, proving it was not changed after signing;
  • the complete audit trail: sending, viewing, acceptance, signature and completion;
  • a verifiable evidence report attached to the final document.

What about the courts?

Brazilian courts have recognized the validity of contracts signed electronically outside ICP-Brasil when there are elements to verify authorship and integrity. There are decisions, including from the Superior Court of Justice (STJ), admitting the enforceability of electronic contracts even without witness signatures, given the security provided by certification and electronic records. The Code of Civil Procedure also now expressly accepts, for enforceable instruments created or attested electronically, any type of electronic signature provided by law, waiving witnesses when integrity is confirmed by a signature provider.

The right question is not “is an e-signature valid?”, but “which signature level and which evidence does this document require?”.

Best practices for safe adoption

  • Classify your documents by risk and define the signature level for each category.
  • For high-value or fraud-prone documents, combine an advanced signature with identity verification and liveness detection.
  • Include a contract clause in which the parties acknowledge the validity of the chosen electronic signature method.
  • Archive the signed document together with its evidence report in a repository with access control and a defined retention period.

This article is for information only and does not replace legal advice on specific cases.

Want to apply this in your company?

Our experts can assess your current process with no commitment.

Talk to an expert

Keep reading