Politics · Brazil · 3 hrs ago

Brazilian courts must accept qualifying gov.br-signed documents

Brazilian courts must accept qualifying gov.br-signed documents

Brazil’s National Council of Justice says courts must accept qualifying gov.br signatures on powers of attorney and other documents filed in court cases.

The ruling applies to electronic signatures made through silver- and gold-level gov.br accounts, when they can be validated through an official mechanism.

Gov.br is Brazil’s government platform, while qualified digital signatures are linked to the country’s ICP-Brasil certificate system.

The decision means courts cannot reject a document only because it lacks an ICP-Brasil certificate, which the council said could create an unjustified barrier to access to justice.

Judges can still order further checks if there are concrete reasons to doubt a signature or the lawyer’s authority, and scanned copies of handwritten powers of attorney must also be considered.

The council will update the rules for the PJe court system to set out the new requirements and safeguards.

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What people are saying

Noemia PortoCNJ councillor and rapporteur
The absence of a specific certificate, by itself, is not an argument for the generic refusal of a power of attorney or document. It is necessary to verify whether there are reliable means of identification and validation.
via Migalhas
Access to justice should not be restricted by technological requirements that do not have sufficient legal or technical grounds.
via Portal CNJ