eSignature Legality in Brazil
Electronic signatures have been legally recognized in Brazil since 2001, and Brazilian law now defines three distinct tiers, similar in spirit to the EU's eIDAS model, with different levels of legal weight.
Last reviewed: July 2026
Governing Law
Medida Provisória 2.200-2/2001 (MP 2.200-2)
Brazil's foundational eSignature law, in force since August 2001. It established the ICP-Brasil (Brazilian Public Key Infrastructure), Brazil's certificate authority system, and gave documents signed with an ICP-Brasil certificate a legal presumption of authenticity. Notably, MP 2.200-2 was never converted into a standalone statute by Congress, but it remains fully in force as a medida provisória with the force of law.
Lei 14.063/2020
Passed in September 2020, this law formally classified electronic signatures into three tiers (simple, advanced, and qualified), a structure clearly influenced by the EU's eIDAS Regulation. Lei 14.063/2020 doesn't replace MP 2.200-2, it complements it, and its core provisions primarily govern interactions with public-sector entities, corporate acts, and health-related matters, though the tiered classification is now used as the general reference point across Brazilian eSignature practice.
Related Laws
Lei 13.874/2019 (Economic Freedom Act)
reinforces the general validity of electronic contracting
Lei 14.129/2021 (Digital Government Act)
governs electronic signatures in interactions with government bodies
Decreto 10.278/2020
equates properly generated digital documents with their physical counterparts
The Three Tiers of Brazilian Signature
1. Assinatura Simples (Simple Signature)
Identifies the signer and associates their data with the document electronically. Covers typed names, click-to-sign, and similar methods. Valid for most everyday business agreements.
2. Assinatura Avançada (Advanced Signature)
Doesn't require an ICP-Brasil certificate, but the parties mutually agree to confer it stronger validity, typically through additional identity verification (biometrics, dedicated authentication) and tamper-evidence.
3. Assinatura Qualificada (Qualified Signature)
Requires a digital certificate issued within the ICP-Brasil framework (an e-CPF for individuals or e-CNPJ for companies). Documents signed this way carry a legal presumption of authenticity under MP 2.200-2, the strongest evidentiary position available and the hardest tier to challenge in court.
Which tier do you need? A Simple Signature is enforceable for the large majority of commercial contracts, NDAs, and vendor agreements. Qualified Signatures matter most for documents where you want the built-in presumption of authenticity, or where a specific Brazilian law or government process requires an ICP-Brasil certificate.
When Brazilian eSignatures May Not Be Accepted
- Wills and certain family and inheritance law documents
- Documents requiring notarization (some notary acts now have digital equivalents under Lei 14.382/2022, but not all)
- Specific documents under Lei 14.063/2020's public-sector scope that mandate a qualified (ICP-Brasil) signature by regulation
- Certain documents tied to real estate registration
Because Brazil's framework layers general contract law, sector-specific rules, and public-sector requirements, confirm the applicable tier with a Brazilian attorney for regulated transactions.
How Inkfree Meets Brazilian Requirements
Assinatura Simples support
Inkfree's standard signing flow satisfies the identification and association-of-data requirements for a valid Simple Signature
Tamper-proof audit trail
supports the evidentiary weight needed if a signature's authenticity is challenged, relevant across all three Brazilian tiers
OTP and passcode authentication
adds the kind of identity assurance that strengthens a signature toward Advanced Signature-level reliability
Certificate of Completion
a permanent signing record included with every document
Official Sources
This page is for general informational purposes only and isn't legal advice. Consult a qualified Brazilian attorney for guidance specific to your situation, particularly for public-sector or notarized transactions.
Questions, answered.
Common questions about eSignature legality in Brazil.
Yes, as an Assinatura Simples (Simple Signature) under MP 2.200-2/2001 and Lei 14.063/2020, sufficient for the vast majority of commercial agreements. Documents requiring an ICP-Brasil-certified Qualified Signature need a certificate issued through that specific infrastructure.
No, not for most contracts. An ICP-Brasil certificate is only required when a specific law, regulation, or the parties themselves require the strongest tier (Assinatura Qualificada). Standard business contracts are enforceable with a Simple Signature.
No. Lei 14.063/2020 complements MP 2.200-2 and introduces the three-tier classification, but MP 2.200-2 remains in force, particularly for the ICP-Brasil certificate infrastructure that underpins Qualified Signatures.
A Qualified Signature carries a legal presumption of authenticity, meaning the burden shifts to whoever disputes it. A Simple Signature is still enforceable, but if challenged, its authenticity is proven with supporting evidence like an audit trail, rather than presumed automatically.
Try Inkfree Free,
No Credit Card Required
Start on the Free plan and upgrade when you're ready. Every paid plan includes a 14-day trial with all premium features unlocked.