An important legislative change took place on July 14, with the publication of Law No. 14.620/2023, which added paragraph 4 to article 784 of the Code of Civil Procedure (CPC), with the following wording: “In executive titles constituted or attested by electronic means, any form of electronic signature provided for by law is admitted, with the signature of witnesses being dispensed with when its integrity is verified by a signature provider.”
This is a change that was already foreseen due to the continuous technological advance and the undeniable increase in transactions and contracts carried out virtually, whether through computers or other electronic devices that are widely available today.
This change makes it possible for contracts drawn up or signed by electronic means to be considered extrajudicial executive titles. As a result , contracts signed by electronic means are equivalent in validity and effectiveness to physical documents, making it possible for them to be used as extrajudicial executive titles, regardless of the signature of two witnesses, as long as the integrity of the document is verified by a signature provider.
In view of this change, it is clear that waiving the need for witnesses to sign contracts made electronically reflects confidence in the technology used, which is capable of guaranteeing the authenticity, integrity and inviolability of electronic documents, thus ensuring the integrity and validity of the extrajudicial enforcement instrument for any legal action to be brought.
This legislative development promotes greater speed and efficiency in electronic transactions, while recognizing the security provided by the proper use of electronic signatures, bringing significant benefits to the legal sphere and to society as a whole.
Marcos Martins Advogados is attentive to new legislation and case law, in order to provide adequate and effective advice to our clients.
