Giulia Keese Montanhesi
Lawyer at Marcos Martins Advogados
On June 16, 2020, Provisional Measure No. 983 was published, which provides for electronic signatures on documents and transactions with public entities, whether by individuals or legal entities, under public or private law.
The measure aims to establish a minimum level of security for the acceptance of electronic signatures, classifying the existing modalities into three levels of reliability: simple, advanced and qualified, the latter being identified as one that uses a digital certification system.
In addition, it provides for the work of the National Institute of Information Technology – ITI, which will assist administration bodies in conducting research, carrying out operational activities and supplying advanced electronic signatures to individuals and legal entities for use in internal systems.
In the field of health, the Measure stipulates that documents signed by health professionals, as well as electronic medical prescriptions, will only be valid with an advanced or qualified electronic signature.
It is interesting to note that Brazil has adopted the European classification, abandoning the ill-fated dichotomy: simple electronic signature vs. digital signature. With this, various effects are expected in the field of authorship and documentary veracity, even though its applicability is limited to the cases listed in the Measure itself.
