Post by account_disabled on Mar 12, 2024 21:43:06 GMT -8
TJ-SP's decision was based on a rule according to which there may be "another means of proving the authorship and integrity of documents in electronic form"
There is no prohibition on the use of other means of proving the authorship and integrity of electronic documents, even if not issued by ICP, as long as they are admitted by the parties as valid or accepted by the person to whom the document is opposed, in accordance with paragraph 2 of article 10 of MP 2.200-2/01 , which establishes the "Brazilian Public Key Infrastructure — ICP-Brazil".
With this understanding, the 31st Chamber of Private Law of the Court of Justice of São Paulo recognized the validity of electronic signatures on documents, even though they are not certified by an entity accredited to ICP-Brazil, responsible for issuing digital certificates for the citizen's virtual identification.
The case originates from the execution of an extrajudicial executive order filed by BTG Pactual against a debtor. In the action, the first instance court ordered an amendment to the initial decision to adapt the procedure to the common rite, as the signatures on the documents would not be certified by an entity accredited to ICP-Brasil.
To the TJ-SP, BTG Pactual maintained that the title was regularly signed electronically by the parties and two witnesses, being "in full compliance" with the legal requirements of article 784, item III, of the CPC, and the technical criteria of article 10, paragraph 2, of MP 2.200-2/2001, which would make certification by an authority accredited to ICP unnecessary.
The TJ-SP concluded that the B2B Lead extrajudicial executive title complies with the legal requirements of the debtor's signature and two witnesses, and reformed the first degree decision, as voted by the rapporteur, judge Francisco Casconi. The decision was made unanimously.
"Despite the title being devoid of certification that fits the criteria set out in §1 of article 10 of MP 2.200-2/2001, not enjoying a legal presumption of authenticity, §2 of the same provision applies in full in the case in question, bringing express permission to use other digital means of proving authorship and integrity of the electronic document, even if not certified employees issued by ICP", said Casconi.
BTG is represented by lawyer João Loyo de Meira Lins , partner at Serur Advogados. According to him, " this is a decision that was already necessary, especially in the days we live in, in which our operations are increasingly digital out of necessity." "At the same time as it reduces bureaucracy and reduces the costs of contracting electronically, the TJ-SP's understanding also allows the fulfillment of contracts signed electronically to take place in a much more agile and secure manner", he added.