The Court’s ruling reinforces the validity of electronic contracts and powers of attorney, provided there is adequate security and proof of authorship.
By Julhi Bonespírito
Legale Overseas, no. 977.
The National High Court of Brazil (STJ) reaffirmed, in recent decisions rendered in the judgment of Special Appeals No. 2,223,695 and No. 2,197,156, held on March 10 and March 25, 2026, respectively, that electronic signatures and electronic powers of attorney do not necessarily depend on digital certificates issued under the Brazilian Public Key Infrastructure (ICP-Brasil) to be legally valid. The ruling confirms the possibility of using private electronic signature platforms, provided that it is possible to demonstrate the authorship and integrity of the document.
With the expansion of the use of electronic contracts, the adoption of digital signature solutions not linked to ICP-Brasil has become common. In judicial proceedings, documents began to be challenged solely on the grounds of the absence of such certification, which gave rise to controversies regarding the formalization of legal acts in a virtual environment.
When analyzing the matter, the STJ clarified that Brazilian law does not restrict the legal validity of electronic documents to the use of the ICP-Brasil framework. The decisive criterion, according to the Court, is the ability to identify the signatory and preserve the integrity of the document, rejecting the idea of automatic invalidity based solely on the absence of a state-issued certificate.
In this context, the Court recognized that ICP-Brasil remains a relevant security standard widely accepted within the legal system, but without exclusive effect. The legislation admits other forms of electronic signatures, leaving it to the judge to assess, in each case, whether the method used is sufficient to prove the parties’ expression of will.
Another relevant point of the Court’s interpretation concerns the contestation of electronic signatures. The Court held that generic allegations are not sufficient to invalidate an electronic document, requiring instead the presentation of concrete indications of fraud, falsification, or inconsistency. This reasoning was applied both to electronically executed contracts and to digital powers of attorney, preventing automatic formal requirements that could hinder the use of technological solutions already consolidated in the market.
In practice, the STJ’s understanding brings greater predictability to operations carried out by electronic means and reduces the risk of automatic invalidation of documents signed outside ICP-Brasil. At the same time, it reinforces the importance of adopting good practices in selecting signature platforms and in preserving records and evidence that ensure the reliability of documents.
Corporate contracts, financial transactions, corporate acts, and grants of authority may be executed electronically with legal certainty, provided that the signing process adopted allows the identification of the signatory and preserves the document against unauthorized alterations.
The STJ’s decisions reflect an approach aligned with digital reality and the need to balance legal certainty with innovation. For companies and professionals, the message is clear: the validity of electronic documents depends less on the label of certification and more on the reliability of the process adopted.
Vaz de Almeida Advogados follows the evolution of case law related to the digitalization of legal relations, analyzing its impacts and contributing to the consolidation of practices aligned with the understanding of the higher courts.
Translation Disclaimer
This document was originally drafted in Portuguese and subsequently translated into English using artificial intelligence (AI).
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