The Superior Court of Justice issued a relevant decision by recognizing the validity of advanced electronic signatures and rejecting the requirement for notarized signatures in documents submitted in judicial proceedings.

In the case analyzed, the Court of Justice of São Paulo had prevented a lawsuit from moving forward on the grounds that the power of attorney did not have a notarized signature. The decision was overturned by Justice Daniela Teixeira, who held that the digital signature made through GOV.BR meets the legal validity requirements.

The understanding reinforces that imposing additional formalities, without concrete justification, constitutes excessive formalism and may unduly restrict access to Justice.

WHAT CHANGES IN PRACTICE

The decision consolidates the validity of electronic signatures as a legitimate instrument for formalizing procedural acts.

This represents a relevant advance in the digitalization of the Judiciary and in the simplification of procedures, reducing operational barriers and costs associated with document formalization.

It also limits the possibility of additional requirements by the Judiciary when not provided for by law, bringing greater predictability to companies and law firms.

RISKS AND IMPLICATIONS FOR COMPANIES

The reduction of formalism tends to decrease the risk of invalidation of procedural acts based on valid electronic signatures.

On the other hand, it reinforces the need to use secure and legally recognized systems, under penalty of questioning regarding the authenticity of documents.

Companies that use solutions not aligned with legal standards may face operational risks and judicial challenges.

In addition, the simplification of access to the Judiciary may impact the volume of claims.

STRATEGIC RECOMMENDATIONS

It is recommended to review internal document formalization workflows, prioritizing the use of electronic signatures compatible with current legislation.

The adoption of secure and recognized platforms, such as GOV.BR, contributes to ensuring authenticity, integrity, and traceability.

Internal document governance policies should be strengthened to ensure the legal validity of digital documents.

It is also important to monitor the evolution of the courts’ understanding, especially in situations involving allegations of fraud or abusive litigation.

INSTITUTIONAL REFLECTION

The decision reinforces the consolidation of the digital environment within the Brazilian justice system.

The validation of electronic signatures reduces formal barriers and increases efficiency, but it also requires organizations to have greater maturity in document management.

PDK Advogados monitors the evolution of case law in the higher courts and its impacts on digital operations, document governance, and legal certainty. Through our institutional channels, we share analyses of relevant decisions that affect the business environment.