Dear all,
Are the eletronic signatures generated by Adobe Sign legally valid in Brazil (according to the Provisional Measure no. 2200-2/2001)? I did a research on the documents made available by Adobe (specially the Global Guide to Electronic Signature Law) and also contacted Adobe's customer service helpline but no one seems to be able to answer this question.
The Brazil chapter of the Global Guide also does not properly answer the question:
"Are electronic signatures legal, admissible and enforceable?
Brazil's law allows only for electronic signatures that utilize the Brazilian public key infrastructure (PKI). While these government-authorized signatures are legal, the use of simple electronic signatures is not provided for under the law.
Summary of law
Brazil generally follows the UNCITRAL Model Law on Electronic Signatures. However, under Article 1, it imposes the additional restriction of allowing only its own version of PKI to be legally recognized. Documents and signatures that use this PKI are considered legal and enforceable for all public and private purposes under Article 10.
Key restrictions
There are no critical restrictions under the law."
Despite the lack of accuracy of the chapter, I am understanding that Adobe Sign does not utilize the Brazilian public key infrastructure (PKI) and, therefore, the signatures generated are not legally recognized under Brazilian Law, is that correct?
Thank you.
Lucas
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