Articles | Postado no dia: 5 November, 2026

Electronic Signatures and Their Use in Interactions with Public Authorities

The digitalization of administrative processes has brought a fundamental advancement in legal certainty: electronic signatures. Governed by Law No. 14,063/2020, this legislation regulates the use of electronic signatures in interactions with public authorities, legal entities, and healthcare matters, as well as addressing software licenses for applications developed by public entities. As a result, the execution of digital documents gains legal validity, making transactions more efficient, secure, and accessible.

1. What Is an Electronic Signature?

An electronic signature is a digital authentication method that makes it possible to verify the identity of a signatory on an electronic document. Unlike a handwritten signature, an electronic signature relies on cryptographic algorithms to ensure authenticity, integrity, and security.

2. Types of Electronic Signatures

The legislation classifies electronic signatures into three main categories, according to their level of security and intended application:

a) Simple Electronic Signature

• Identifies the signatory and links the relevant data to the signed document.
• Does not require a digital certificate.
• Suitable for low-risk interactions, such as basic inquiries and requests submitted through public systems.

b) Advanced Electronic Signature

• Provides a higher level of security than a simple electronic signature.
• Allows the signatory to be unequivocally identified and any changes to the document to be detected.
• May be used for administrative acts requiring greater reliability.

c) Qualified Electronic Signature

• Requires an ICP-Brasil digital certificate.
• Has the same legal validity as a handwritten signature.
• Required for documents demanding the highest levels of authenticity and security, such as contracts, notarial acts, and other formal proceedings.

3. Interactions with Public Authorities

Law No. 14,063/2020 provides for the use of different types of electronic signatures depending on the risk and relevance of administrative acts. Article 5 specifies these applications:

• Simple Electronic Signature: Permitted for lower-risk interactions, such as administrative requests and declarations.
• Advanced Electronic Signature: Recommended for documents requiring greater reliability, such as lower-impact administrative contracts.
• Qualified Electronic Signature: Mandatory for acts signed by heads of branches of government, normative acts in general, and documents involving the transfer of assets and rights (Article 5, §2).

Electronic signatures offer several benefits, with speed and efficiency being among the most significant, as they reduce bureaucracy and eliminate the need for physical procedures. They also provide security through the use of cryptography to ensure the authenticity of signed documents. Another essential benefit is legal validity, as advanced and qualified electronic signatures benefit from a presumption of validity, providing greater legal certainty to signatories.

Choosing the appropriate type of electronic signature is essential to ensure the legal validity of documents and prevent issues in interactions with public authorities. To ensure legal compliance and security, seeking advice from a specialized lawyer is recommended.

Need guidance on electronic signatures? Speak to a lawyer!