The Senate debates electronic signatures in the Civil Code

With almost 25 years of history, ICP-Brasil has become an indispensable technology. Today, the country has more than 15.5 million active digital certificates, used in various activities, including when signing contracts. “Electronic signatures are a reality in the lives of Brazilians. Several contracts, medical, accounting and legal documents are signed electronically with an ICP-Brazil certificate, which demonstrates the extent to which technology is already part of society’s routine,” highlighted the president of the board of directors of the National Association of Digital Certification (ANCD), Leonardo Gonçalves.

“Adherence to qualified electronic signatures is not a coincidence: it guarantees time savings and cost reduction for businesses, legal certainty for high-risk contracts and a reduction in fraud and disputes,” added Gonçalves when commenting on the motivations for the widespread adoption of electronic signatures.

Proof of the relevance of the subject is the inclusion, in PL nº 4/2025, of a chapter dedicated exclusively to electronic signatures, Chapter IX of the Book on Digital Law, which seeks to define the types of signature, including the qualified electronic signature, made with an ICP-Brasil digital certificate.

Inclusion of electronic signatures in the Civil Code

To address this subject, in November, the ANCD participated, in the Federal Senate, in the VIIth public hearing organized by the Temporary Commission responsible for updating the Civil Code. The debate focused on topics related to contracts and digital law; The ANCD was represented by the lawyer specializing in digital certification, Dr. José Henrique Barbosa Moreira Lima Neto.

Lima Neto presented contributions regarding the rules relating to electronic signatures provided for in Chapter IX of the legislative proposal. The lawyer highlighted that Brazil already has a consolidated regulatory framework, including Law 14,063/2020 and Decree 10,543/2020, which establish the classification, requirements and permitted uses for electronic signatures. In this context, he argued that the new Civil Code, if it chooses to address this issue, adopts a synthetic formulation aligned with what is already provided for by law, thus avoiding overlaps or the creation of contradictory rules.

Regarding qualified electronic signatures, Lima Neto highlighted the regulatory path that supports the Brazilian model: “The qualified electronic signature dates back to Provisional Measure 2.200-2/2001. We are talking about a legacy of almost 25 years of regulation, under the supervision of ITI, a federal authority,” he said.

The expert also drew attention to the need for legislation relating to the digital environment to be technologically neutral. According to him, given the speed of innovation, standards that are too tied to specific technical solutions can quickly become obsolete.

The President of the Commission and author of the PL, Senator Rodrigo Pacheco (PSD/MG), highlighted, during the hearing, the relevance of the presentation made by the representative of the ANCD: “I am grateful for this reflection on something positive inherent in technology, which is dynamic in essence. Technology evolves every moment and, naturally, when creating positive concepts, care must be taken to guarantee compatibility.”

For Gonçalves, the debate on electronic signatures is laudable and must take into account the path already taken with great success by Brazil: “Brazil has great maturity in the field of electronic signatures, being an international reference. Current legislation is clear and has guaranteed legal certainty in the use of these tools.