The answer to the question about legal validity is: it depends. When it comes to relationships between private entities, the validity of signatures may be questionable and can even be annulled in court.
By Thiago Pereira
—
Legale Overseas, no. 942.
According to government data, the GOV.BR electronic signature portal was one of the most widely used digital services by Brazilians in 2024, with over 120 million uses. Despite its popularity, the legal validity of signatures through GOV.BR can be questionable and even voidable, depending on the context and how they are used.
Going straight to the point, the GOV.BR electronic signature has legal equivalence to handwritten signatures only in transactions involving public entities. It is not fully valid in private relationships or judicial proceedings.
Law No. 14,063/20 and Electronic Signatures
To better understand this topic, we need to revisit Law No. 14,063/2020, which was created to modernize and classify electronic signatures in Brazil, especially in the context of interactions with public entities. This law establishes three categories of electronic signatures:
- Simple Electronic Signature: Allows minimal identification of the signatory, generally through login and password;
- Advanced Electronic Signature: With a higher level of security, it uses certificates not issued by ICP-Brasil or another method of verifying authorship and document integrity, as long as accepted by the parties or the individual to whom the document is submitted;
- Qualified Electronic Signature: This is the highest level of security and has the same legal value as a handwritten signature with notarization. It requires the use of a digital certificate issued under the Brazilian Public Key Infrastructure (ICP-Brasil).
The GOV.BR portal mostly offers the possibility to perform advanced electronic signatures. The user accesses the system with a login and password, and the platform generates a signature that identifies the user and ensures the document’s integrity.
And here lies the central point of the discussion: Law No. 14,063/2020 was primarily designed to regulate interactions between individuals/companies and public administration. That is, the validity and evidentiary strength of advanced electronic signatures generated by GOV.BR are unquestionable when it comes to processes, documents, and transactions with government bodies.
However, the non-applicability of this signature model is expressly stated in the sole paragraph of Article 2 of Law 14.063, which excludes scenarios such as “judicial proceedings” and “interactions between natural persons or between private legal entities.”
In other words: although the electronic signature via GOV.BR is valid for interactions with the government, it may not be sufficient in situations requiring greater security and authenticity, such as contracts and agreements between individuals or private companies.
Judicial Decisions
In this regard, recent court rulings have questioned the validity of documents signed exclusively through the GOV.BR platform in certain situations, especially in private relationships.
Examples include a unanimous decision by the Labor Court of Goiás, which rejected a power of attorney signed through GOV.BR, and a ruling by the National Council of Justice (CNJ), which determined that simple or advanced electronic signatures (including those from GOV.BR) are not valid for authorizing travel for unaccompanied minors under 16 years old.
The Provisional Measure No. 2,200-2/2001, which predates Law 14.063/20 and still serves as the foundation for the validity of electronic documents, establishes that:
“Statements contained in electronic documents produced using the certification process made available by ICP-Brasil are presumed to be true in relation to the signatories.”
This presumption of truthfulness is what grants the highest level of legal certainty.
Without using an ICP-Brasil digital certificate, the advanced electronic signature provided by GOV.BR, when used in private transactions, can be legally challenged. The evidentiary strength of a non-qualified electronic signature will depend on additional supporting evidence proving the document’s authorship and integrity — which may result in uncertainty and legal costs from disputes.
To avoid future headaches and ensure the strength of your contracts and documents in private dealings, the recommendation is clear: always opt for a qualified electronic signature, which uses a digital certificate issued in compliance with ICP-Brasil standards. This is the only way to ensure maximum legal validity and the lowest risk of legal challenges.
While GOV.BR is an excellent tool for interactions with the public sector, prudence and legal certainty in business transactions require a level of authentication that only the qualified signature can fully provide.
In an increasingly digital business environment, where concepts are often confused, understanding these nuances is essential to protecting your company’s interests.
Vaz de Almeida Advogados has extensive experience in Business and Contract Law, offering expert guidance to mitigate risks in private-sector commercial relationships.
—
Follow us on LinkedIn >
People & Community >
Meet Our Leaders >
Awards, Seals, and Recognitions >
News: Quality Content on Our Portal >
—
Tax Law >
Corporate Law >
Automotive Sector Relations >
Conflict Prevention and Resolution >
Labor Relations, Global Mobility, and People Management >
Intellectual Property >
ESG, Environmental, and Sustainability >
Innovation, Digital Law, and Cybersecurity >
Infrastructure, Real Estate, and Construction Law >
Administrative, Public, and Regulatory Law >
—
Our publications aim to communicate the legal perspective on relevant developments and provide context to the most significant legal events that may affect companies and organizations. Specific cases require personalized technical attention to the facts and should seek customized legal advice before taking any legal or paralegal action. If you, your company, or your board of directors need counsel, contact a trusted attorney.
«Legale», «Legale Overseas», «Articles», «Especial», «Tax Panel», «Tax Alert», «Projects» e «News & Alerts» are periodic publications intended as a service to the business community. These materials may include links to third-party websites to facilitate access to referenced services and publications. However, we are not responsible for the integrity of third-party links, which may encounter issues such as server failures, network security vulnerabilities, or other accessibility problems.
—
+55 19 3252-4324
Barão de Itapura, 2323
8th floor, Guanabara
Campinas, SP
Brasil
