The 3rd Panel of Brazil’s Superior Court of Justice (STJ) ruled that electronic powers of attorney do not necessarily require ICP-Brasil digital certification to be legally valid.
The decision acknowledges that Brazilian law allows multiple forms of electronic signatures, provided that authenticity and document integrity can be ensured.
A shift from infrastructure to evidence
The ruling shifts the legal focus from the certification infrastructure to the ability to prove the validity of the document.
Key elements now include:
- identification of the signer
- traceability of the signing process
- document integrity
- auditability of the transaction
Impacts for companies
This interpretation increases flexibility in digital operations, allowing companies to adopt private signature platforms.
However, it also raises the level of responsibility.
Companies must ensure that their systems can provide sufficient evidence in case of disputes.
Without proper controls, risks include:
- legal challenges
- fraud allegations
- invalidation of documents
- contractual and reputational exposure
Strategic recommendations
Companies should:
- assess their signature platforms
- implement strong authentication mechanisms
- maintain detailed technical records
- ensure full audit trails
- align legal, IT and compliance teams
The decision reinforces a broader trend: legal validity in digital environments depends increasingly on governance, not just on the technology used.
