In a groundbreaking decision, the 3rd panel of the Superior Court of Justice (STJ), led by Justice Nancy Andrighi, confirmed that electronic signatures made through digital platforms not certified by ICP-Brasil can be valid. This decision came after the initial rejection of an electronic signature in a search and seizure action, arguing that it did not meet the necessary standards of authenticity and security.

However, reviewing the case, Minister Andrighi highlighted that the law allows different methods of digital authentication, as long as they are agreed upon by the parties and maintain the integrity of the documents. The signature in question, validated by the SHA-256 algorithm, demonstrated the necessary security, allowing the judicial process to continue.

The decision underscores that while ICP-Brasil-qualified signatures offer greater legal certainty, other types of digital signatures are also acceptable, combating an outdated formalism in the face of current technological demands. This marks a significant step toward making the use of digital technology more flexible in legal proceedings in Brazil.

Read the full decision: RESP 2,159,442 clicking here.

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