Have you ever had to leave your home or work just to go to the notary's office to "authenticate" a document for your lawyer? For many, this is one of the most bureaucratic steps in starting a legal process.
But a recent decision by the Superior Court of Justice (STJ) confirmed that technology is a great ally in ending these unnecessary requirements and ruled that the acceptance of digital signatures is mandatory. Read the article to understand what changes.
What changed with this decision?
Minister Daniela Teixeira decided that judges They cannot refuse digitally signed documents. Nor does it require notarization when the signature has been made through secure electronic means.
In the case analyzed (REsp No. 2.243.445 – SP), a person had their case halted because the judge did not accept a digital signature made by the system. gov.br, requiring traditional signature authentication. The Superior Court of Justice (STJ) corrected this understanding and went further.
Recently, the Special Court of the Superior Court of Justice, when judging the Topic 1198 of Repetitive Resources, established the thesis that the judge It may even require an updated power of attorney.but only when there is concrete evidence of irregularity.
In other words: the magistrate's power of caution. does not authorize neither the refusal of powers of attorney that meet the legal requirements for validity, nor the creation of unjustified and insurmountable obstacles that hinder access to justice.
In summary, the Superior Court of Justice (STJ) made it clear that:
- The law already allows: Since 2020, Law No. 14.063 has recognized the validity of "advanced" electronic signatures for acts before the Judiciary.
- End of artificial barriers: The judge cannot demand formalities not provided for by law, especially when this prevents or delays the exercise of rights.
- Security preserved: A digital signature allows you to verify the identity of the signer and ensures that the document has not been altered after signing.
What is an "Advanced Signature"?
It's not just about typing your name on a document. Advanced electronic signatures use validation mechanisms, such as email, IP address, access logs, and even biometrics, to identify the signatory and ensure the integrity of the document.
This is exactly where platforms like the ZapSignThe system offers advanced electronic signatures, aligned with what the law and the Superior Court of Justice (STJ) recognize as valid. By using them, you gain:
- Economy: It eliminates the costs associated with notarizing signatures at a notary's office.
- Agility: What used to take days can now be resolved in minutes, via mobile phone or computer.
- Legal security: legal and jurisprudential support from the higher courts.
The Judiciary is gradually modernizing to become more accessible. The STJ's decision on digital signatures makes it clear that... It's not just about convenience., but one citizen's rightwhich cannot be limited by bureaucratic requirements that the law itself has already overcome.
Getúlio Santos is the CEO of ZapSign, a lawyer, technology enthusiast, and entrepreneur.
