In a recent ruling in Special Appeal 2.159.442/PR, it was decided that the use of an electronic signature certifiedby ICP-Brasil (Brazilian Public Key Infrastructure) by a private legal entity is not mandatory in order to give legal validity and probative force to documents signed in this way.
The Reporting Justice, Nancy Andrighi, pointed out that the requirement for an electronic signature certified by ICP-Brasil is an excess of formalism that is incompatible with the reality of the various transactions that are now carried out electronically. It is also incompatible with private autonomy and the freedom of forms of declaration of will between private individuals.
This decision overturned a sentence in which a search and seizure action based on a bank credit bill signed electronically through a platform not accredited by ICP-Brasil was extinguished. It also detailed relevant aspects of the effectiveness of the signature and authentication process by electronic means, even if not certified by ICP-Brasil, such as the integrity of signed documents, since it is possible to identify any changes made by one of the parties.
In addition, it was equated that the unaccredited electronic signature is similar to the signature recognized by authenticity and the advanced signature to the signature recognized by similarity, concluding that technological advances are reliable for giving probative force to electronic signatures and documents.
This decision, which has already become final, represents a technological milestone in contractual relations, not only because it recognizes the autonomy of the parties’ will and security, but also because it facilitates the daily lives of companies that are increasingly using electronic tools for their operations, often without being able to opt for another method.
