E-signature legality · Americas
Is electronic signature legal in Brazil?
Yes. ICP-Brasil certificates give a qualified signature presumed authentic, but MP 2.200-2 expressly allows any other means of proving authorship and integrity that the parties accept. Brazilian courts, including the STJ, routinely enforce contracts signed on e-signature platforms.
The law
- Medida Provisória 2.200-2/2001 (ICP-Brasil), art. 10 § 2 — other electronic signatures are valid when accepted by the parties
- Lei 14.063/2020 — simple, advanced and qualified electronic signatures
- Código Civil, art. 107 — freedom of form unless the law requires one
What still needs wet ink, a notary or a qualified signature
- Public deeds that must be drawn up by a notary (escritura pública), e.g. most real estate transfers above the legal threshold
- Wills
- Acts for which a specific law demands an ICP-Brasil qualified signature
Where Clinch fits
Clinch is built for everyday commercial agreements — freelance and agency contracts, statements of work, NDAs, quotes and service agreements — which in Brazilneed no special form. Every signature is captured with the signer's explicit consent, and the signed PDF carries an audit trail (name, email, timestamp of every event, hashed IP) plus a SHA-256 fingerprint of the exact document, so anyone can check it was not changed after signing.
It is a simple electronic signature, not a qualified one: for the documents listed above, use the formality the law requires.
Draft and send a contractOther countries in Americas
This page is general information, not legal advice, and laws change. For a document with high stakes or a formality requirement, check with a lawyer in Brazil.
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