After all, is a contract signed using facial biometrics valid?

O contract signed by facial biometrics is gaining more and more space in the digital environment, driven by the search for methods that combine security and practicality. this technology, which uses unique facial features to validate a person's identity, has transformed the way signatures are made, eliminating bureaucracy and offering a more agile experience.

With the increasing digitalization of processes, facial biometrics emerges as a reliable and efficient solution to authenticate transactions and reinforce protection against fraud. However, there are still doubts about its legal validity and the acceptance of this method in Brazil.

In this article, we will analyze how facial biometrics fits into the Brazilian legal context, highlighting the legal frameworks that support its application, such as MP 2.200-2/2001 and Law 14.063/20. If you have ever wondered about the legitimacy of a contract signed with facial biometrics, continue reading until the end and clear up all your doubts!

What is facial biometrics and how does it work in digital contracts?  

A facial biometrics is an advanced technology that identifies and authenticates a person’s identity based on unique facial features. The process begins with the capture of a facial image, which is then converted into a unique mathematical model using algorithms to map specific points and dimensions, such as the distance between the eyes, the shape of the nose, and the structure of the jaw.

This data, protected by encryption, is stored securely and used to validate identities in a variety of applications, including digital transactions and contract signatures. When applied to contracts signed with facial biometrics, this technology offers a practical and secure solution.

The procedure usually takes place on specialized digital platforms, where the user accesses the document to be signed and performs identity validation by capturing a photo or real-time video. The technology compares the recording with the biometric dice previously stored to ensure accurate matching.

Once confirmed, this biometric record is linked to the contract, serving as robust evidence of authenticity, intent to sign, and the signatory’s expression of intent. This type of approach potentially speeds up the process, significantly reduces the risk of fraud, and ensures compliance with legal standards. 

Is a facial biometrics contract valid in Brazil?

Yes, contracts signed with facial biometrics can be valid in Brazil when the method guarantees signatory identification, document integrity, and an audit trail.Facial biometrics authenticates identity by recognizing facial features and links this record to the contract, meeting the security and reliability requirements set out in MP 2.200-2/2001 and Law 14.063/2020.

Provisional Measure 2.200-2/2001

This measure created the Brazilian Public Key Infrastructure (ICP-Brasil), which regulates the legal validity of certified digital signatures in the country. Although facial biometrics are not directly linked to ICP-Brasil, the measure opens space for the recognition of other methods of authentication, as long as they are able to guarantee the integrity and authorship of the documents.

The text of the MP highlights that, in addition to signatures based on digital certificates, any method that offers technical security and reliability can be considered valid. It is because of this flexibility that facial biometrics has been allowed to establish itself as an effective alternative in the digital scenario.

Law 14.063 / 2020

Initially aimed at regulating electronic signatures in interactions with public bodies, the Law 14.063 / 2020 It also serves as an important reference for the private sector. It defines three categories of electronic signatures: simple, advanced and qualified, detailing the technical requirements for them to be legally valid.

Although it does not explicitly mention facial biometrics, the law reinforces the acceptance of methods that guarantee security, auditability and reliability, characteristics that facial biometrics fulfills in an exemplary manner.

Its applicability demonstrates how Brazilian legislation is aligned with technological innovation, recognizing modern methods that meet the needs of protection and practicality in digital transactions.

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Court decisions that reinforce the validity of facial biometrics  

Brazilian courts have analyzed cases involving the use of facial biometrics as an authentication method, and the decisions demonstrate growing acceptance.  

Court of Justice of São Paulo (TJ-SP)

In the Court of Justice of São Paulo, the 17th Private Law Chamber acquitted Banco C6 in a lawsuit filed by a client which challenged the validity of a contract signed via facial biometrics. 

The consumer claimed that she had not agreed to the loan agreement, but the institution demonstrated that the photo used for facial recognition corresponded to her personal identification and that the amounts contracted were effectively credited and used by the author. 

Judge Afonso Bráz reinforced that there was no illegality in the hiring, considering the client's acceptance of facial biometrics and the absence of evidence of fraud.

Court of Justice of Paraíba (TJ-PB)

Similarly, the Court of Justice of Paraíba, through the Third Civil Chamber, validated a loan contract signed via an app, using facial biometrics and electronic signature. 

Judge Maria das Graças Morais Guedes highlighted that facial biometrics is authorized by the Central Bank and is efficient in combating fraud. Furthermore, the consumer, who claimed not to have contracted the service, was unable to prove irregularities, while the bank presented evidence of the contractual relationship and the deposit of the amounts in her account.

These decisions reinforce facial biometrics as a safe and reliable means of expressing will in electronic contracts.

Benefits of a contract signed using facial biometrics  

The adoption of facial biometrics in digital contracts brings significant advantages to companies and individuals. Below, we highlight the main ones.

Fraud Security  

Facial biometrics uses unique and non-transferable characteristics, making attempts to fraud, such as identity or signature forgery. The technology also allows you to track and store transaction-related data, serving as evidence in potential disputes.  

Practicality and accessibility  

Because it is a quick and intuitive process, facial biometrics eliminates the need for physical travel or sending documents. This feature makes it an inclusive solution, especially for people who have difficulty accessing traditional methods.  

Legal compliance and auditability  

Facial biometrics provide detailed records of each transaction, enabling audits and compliance checks – which is essential in regulated sectors such as finance and real estate, where legal certainty is a priority.  

Challenges and precautions when using facial biometrics  

Although effective, the use of facial biometrics requires attention to possible risks.  

Data privacy

The collection and storage of biometric information must comply with the General Data Protection Law (LGPD). It is essential to ensure that the data is used exclusively for the intended purposes and stored securely.  

Technological inclusion

Despite the accessibility of facial biometrics, some people may face barriers, such as lack of suitable devices or quality connectivity. Companies must offer alternatives to ensure inclusion.  

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How facial biometrics are transforming digital contracts  

The implementation of contracts signed with facial biometrics marks a notable advance in the digital universe, meeting growing demands for modern and effective authentication methods. This technology goes beyond offering greater security; it transforms the user experience by combining speed, accuracy and reliability.

By enabling people to authenticate transactions based on unique, non-transferable characteristics, facial biometrics strengthens protection against fraud while simplifying processes that were previously time-consuming and complex.

This evolution highlights how digital tools are reshaping the way we interact in different contexts, from financial transactions to signing formal contracts.

Practical application of the contract signed by facial biometrics

The adoption of facial biometrics as a tool for signing contracts has expanded in several sectors, standing out for its combination of advanced security and practicality.

Banking sector

No banking sector, especially among digital banks, this technology has become essential in processes such as opening accounts, granting credit and approving loans. 

Once the authenticity of transactions is quickly guaranteed, it meets both regulatory requirements and consumer expectations for fast and reliable solutions.  

real estate sector

No real estate market, facial biometrics also presents itself as a valuable resource, transforming operations that traditionally involve long bureaucratic steps. 

With the ability to authenticate signatures remotely, it is possible to close rental or property purchase contracts more efficiently, without compromising security.  

Health sector

In the area of health, facial biometrics have been used to authenticate consents and contracts related to medical procedures and hospitalizations. 

This application ensures that documents are signed securely and quickly, reducing errors and providing more confidence to patients and healthcare institutions.

These examples highlight how facial biometrics are reshaping traditional processes, bringing innovation to areas that seek to balance simplicity and protection in transactions. 

This technology, in addition to modernizing procedures, also raises the level of trust and convenience for companies and consumers. 

Marketing sector

in the sector of marketing, facial biometrics is being integrated into strategies that demand personalization and agility in contract management. Companies have been using the technology to quickly authenticate agreements with suppliers, employees and partners, ensuring security and efficiency in processes.

At the same time, digital campaigns can benefit from facial biometrics to obtain legal consent in a practical and documented manner, in line with data protection regulations and respect for consumer privacy.

The legal recognition of contracts signed using facial biometrics in Brazil demonstrates that the technology is aligned with contemporary demands for security and practicality. Court decisions and laws such as MP 2.200-2/2001 and Law 14.063/2020 reinforce the validity of this method, as long as the legal and technical requirements are observed.  

In addition to combating fraud, facial biometrics democratizes access to electronic contracts, making them more inclusive and efficient. If you are looking for digital signature solutions that combine innovation and reliability, click to learn more about ZapSign and discover how to simplify your digital transactions securely.