For a long time, notarization of signatures was essential to validate contracts. Currently, the question arises: electronic signature replaces signature recognition traditional, supported by a digital certificate, guaranteeing the same legal validity for digital signatures on documents? The answer is yes.
After all, with the advent of technological innovations such as electronic signature growing in the corporate world and revolutionizing the various bureaucratic processes of companies, it is still relatively common a strong idea that notarial validation is indispensable to ratify the authenticity of a signed document – regardless of whether this signature was given by hand or digitally .
That is why so many people wonder if digitally signed contracts also require the old and tiring trips to the notary to be 100% validated. Or does electronic signature really replace notarization?
At first, we advance that the simple answer is yes, electronic signature replaces notarization in 95% of the cases – and, throughout this article that we are preparing, we will resolve all doubts regarding the subject.
Why does electronic signature replace notarization?
Essentially, the electronic signature of documents and contracts was designed precisely with the aim of presenting a more agile, optimized, secure and verifiable alternative to the traditional signature on paper, made by hand.
Therefore, it would not be wrong to say that practically all the processes involved in manually signing a document, which include going to notary offices or sending papers by mail for the parties to sign, can be simplified with the acquisition of an electronic signature.
For the time being, the only exceptions to the rule are in processes for transferring ownership of used cars and in transactions for buying and selling real estate, in which a public deed is still required – but it is estimated that it will only be a matter of time before paper is abolished from our contractual practices once and for all.
How does notarization work in Brazil according to Brazilian law?
Since the entire process of digitizing contractual relations is closely related to the need to reduce bureaucracy in procedures and to abolish the use of paper, in the new model, it would not make the slightest sense to demand notarial validations for signing agreements, either in public or private level.
In practice, for this to be viable, there must be – and, in fact, there is – a robust legal mechanism on the subject. Here in Brazil, the legislation involving electronic signature and notarization is extensive.
It starts in 2006, with the Law No. 11.419, which regulates the signature with a digital certificate as a condition for procedural acts. Subsequently, this law would be amended by the RFB Ordinance No. 2.860/2017. In 2011, the use of the digital certificate became mandatory for the transmission of the DIPJ, which abolished the use of physical documentation in the relationship between the Treasury and taxpayers.
In 2013, another important step took place, when Ordinance RFB nº 1.880/2013 replaced the notarization of signatures for citizens by presenting the original document or a certified copy with the signature made on the spot – with the exception of any cases of doubt regarding its authenticity.
In 2018, the change extends to all other public bodies, with the joint presentation of the citizen's signature together and his document to the administrative agent.
When we talk about electronic signature, authentication takes place in several other ways, such as password, biometrics, IP recognition, geolocation and digital certificate – just to name a few.
What is digital signature?
We can define electronic signature as a legal and efficient way to obtain someone's approval or consent by acknowledging their identity via electronic means.
That said, we also have the digital signature, which, although commonly treated as a synonym, is actually defined as a electronic signature type whose concept is linked to the use of any electronic or digital mechanism to validate the authorship of an act.
It is, therefore, a resource that proves the identity of its signatories in a secure way, using cryptography, a virtual key and a digital certificate, issued by a Brazilian certification authority, in accordance with the standards of Brazilian Public Key Infrastructure (ICP-Brasil).
In addition, it assumes the same legal value as a traditional signature, thanks to the establishment of various norms, such as Article 10, § 2, of the Provisional Measure No. 2.200-2/2001 and Provisional Measure No. 983 of 2020.
Some examples of digital certificate are the e-CNPJ and the OAB token used by lawyers. There are also types of digital certificates, such as A1 and A3.
How did the electronic signature come to be valid as a substitute for notarization?
Due to its full legal validity, the signatures electronic and digital have been widely used in the formalization of agreements and contracts between two or more parties, whether individuals or legal entities.
In this sense, the digital signature, the one performed with digital certificate issued in accordance with ICP-Brasil standards, is now accepted as a substitute for notarization, as soon as this same digital certificate exists precisely for the purpose of attesting to the authenticity of a signature.
It is important to remember that there is a cost for the individual issuance of the digital certificate, necessary for the digital signature to be correctly performed. For cases in which not all parties involved have these certificates, the electronic signature, performed by platforms specialists, represents the ideal solution.
In this way, as established by the terms of the MP of the Signature, the authenticity of the contract is guaranteed under the Law.
The advantages of electronic signatures as a substitute for notarized signatures
Now that you know that implementing an electronic signature solution replaces notarization at a notary, let's talk about some of the main advantages obtained by migrating to this modality of signing contracts:
Cost reduction
Working with physical documents involves a series of costs that can be avoided by using electronic signatures.
Starting with the investment in printer paper and toner, which can weigh heavily, especially for companies with a large issue of contracts per month.
Not to mention the logistics related to signing these documents. When signatories cannot go to their office, or even when they live in a distant location, it is common for a third-party service to be needed so that the paper is taken to the person, so that they can sign the document and forward it back for you.
Time optimization
The recent and constant advancement of technology implies in increasingly faster processes, which include everything from internet speed to the online service provided by companies.
The same occurs with the signature process, which, when done in the traditional way, becomes extremely slow, with the collection of signatures being able to extend for whole days – as can be seen in the previous item.
On the other hand, the electronic signature allows an optimized use of time: the whole process is carried out much more immediately, streamlining the workflow and significantly favoring the increase in the number of hires per month.
Convenience
One of the indisputable advantages of the electronic signature is that, with it, you can sign your contracts anywhere, just needing a smartphone or computer and an Internet connection.
With regard to the notarization process, the comfort offered by the tool cannot be denied, since trips to the notary offices are usually time-consuming, expensive and, therefore, extremely inconvenient processes.
Ease of issuing documents
The digitization of the company's documental information allows all of its document management to take place in a digital environment, which greatly facilitates the creation, signature and sharing of its files.
When using platforms GED e electronic signature APIs, the workflow becomes really fluid, and all the bureaucracy normally involved in the process tends to disappear.
Sustainability
The electronic signature offers significant environmental benefits, since the tool reduces both the emission of waste and the consumption of paper and other materials associated with the production, transport and storage of documents.
In addition, by significantly reducing the time required to complete transactions, it also reduces the need for travel, conferences and face-to-face meetings – which also affects the company's carbon footprint.
Conclusion
As you can see, the implementation of the electronic signature represents a great advance, both for companies of the most varied sizes and fields of activity, as well as for individuals who, eventually, need to sign a contract to acquire a certain product or service.
We are talking about a technology that, although it gained more acceptance only more recently, has been present and regulated in the country for almost 20 years. Thanks to complex encryption and encoding systems, these signatures have been revolutionizing data security concepts at the most diverse levels.
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