Electronic signatures in Brazil: MP 2.200-2/2001, Law 14.063/2020 and ICP-Brasil

Brazil has one of the most active e-signature markets in Latin America. Companies sign service agreements, employment documents and commercial contracts online every day. At the same time, Brazil has a strong tradition of certificate-based signatures through the national public-key infrastructure, ICP-Brasil, which can make it confusing to know what is needed when. This guide sets out the basics.

For a comparison with other countries, see our e-signature legality overview and the guide Are electronic signatures legal around the world?.

Are electronic signatures legal in Brazil?#

Yes, for most private agreements. Three pieces fit together:

• Freedom of form. Under the Civil Code, a declaration of will doesn't depend on any special form unless the law expressly requires one. Most contracts can therefore be concluded electronically.
• Medida Provisória 2.200-2/2001. This provisional measure created ICP-Brasil. Documents signed with an ICP-Brasil certificate are presumed authentic in relation to their signers. The same measure also says that other ways of proving authorship and integrity remain valid when the parties accept them or when the person the document is used against accepts them.
• Lei 14.063/2020. This law classifies electronic signatures as simple, advanced or qualified and sets which level is needed in dealings with public bodies, in certain health-related documents and in some other specific situations.

In short: for private contracts, a simple electronic signature agreed between the parties is widely used, and certificate-based signatures are required where a specific rule calls for them.

Types of electronic signatures recognised#

Lei 14.063/2020 sets out three levels:

• Simple (assinatura eletrônica simples). Identifies the signer and links data to the signer's other electronic data, for example a typed or drawn signature submitted through a link sent to the signer's email.
• Advanced (assinatura eletrônica avançada). Uses certificates outside ICP-Brasil or other means that the parties accept, and must be uniquely linked to the signer, under their exclusive control and able to show later changes.
• Qualified (assinatura eletrônica qualificada). Uses an ICP-Brasil digital certificate. It is the highest level and the one some public-sector and registry procedures require.

Signing with Signkoi is a simple electronic signature. Signkoi doesn't issue ICP-Brasil certificates or qualified signatures.

Documents that often still need wet ink, a notary or a certified signature#

Well-known examples include:

• Real-estate transactions above the legal value threshold, which require a public deed (escritura pública) drawn up by a notary. Notaries can carry out some acts electronically through their official e-Notariado platform, which has its own identification process.
• Registry filings, for example with property registries, which may require an advanced or qualified (ICP-Brasil) signature.
• Public-sector procedures and filings where Lei 14.063/2020 or another rule requires an advanced or qualified signature.
• Wills and other acts with their own statutory formalities, and family-law matters such as marriage, which go through the civil registry or the courts.

Collecting good evidence with simple e-signatures#

Because MP 2.200-2/2001 relies on the parties accepting the signing method, it helps to say so in the contract itself, for example with a clause in which the parties agree to sign electronically. Beyond that, you'll want to show who signed and that the document hasn't changed. With Signkoi, every completed document includes:

• A deliberate signing step. Each signer draws, types or uploads a signature and agrees to sign electronically.
• A sealed PDF. A tamper-evident seal and a trusted timestamp make later changes detectable.
• An audit trail. Sending, opening and signing events are logged with times, IP addresses and browser details, and summarised in a certificate of completion.
• Optional identity checks. Ask signers to enter an access code you share separately, or a one-time code sent to their email.
• Independent verification. Anyone holding the PDF can check it at signkoi.com/verify.

How to send a document for signature in Brazil with Signkoi#

1. Upload your PDF, or start from a template. Consider adding a clause in which the parties agree to electronic signature.
2. Add your signers and set a signing order if needed.
3. Place signature and other fields for each signer.
4. Set reminders, an expiry date and, for important documents, an access code or email one-time code.
5. Send. Recipients sign in their browser with no account, and Signkoi's interface is available in Portuguese, among 12 languages.
6. Download the sealed PDF and certificate of completion and keep them with your records.

Frequently asked questions#

Do I need an ICP-Brasil certificate to sign a contract?#

Usually not for private contracts. MP 2.200-2/2001 accepts other methods when the parties agree to them. An ICP-Brasil (qualified) signature is needed where a specific law or procedure requires it, such as some public-sector and registry filings.

Is a simple electronic signature valid evidence in court?#

It can be. Its weight depends on the evidence that supports it, such as the audit trail, identity checks and the integrity of the document, and on whether the parties accepted the method.

Can I sign a property purchase electronically?#

Preliminary agreements, such as a promise to buy and sell, are often signed electronically. The transfer itself generally requires a public deed before a notary, which can in some cases be done through e-Notariado, followed by registration.

Not legal advice#

This guide is general information, not legal advice. Laws and regulations change, and using Signkoi doesn't guarantee that a particular signature will be valid or enforceable in your situation. For important or regulated documents, talk to a qualified Brazilian lawyer.