Yesterday, President Bolsonaro enacted the Temporary Measure 983 (TM) that seeks to facilitate the exchange of documents and digital communication between private entities and Brazilian public bodies. This measure is inspired by the European system of electronic signatures and seeks to avoid bureaucracy by lowering threshold for electronic signatures to be valid in the country. Additionally, the TM also simplifies the requisites for doctors and professions from health sector to electronically sign documents.
The TM classifies electronic signatures as follows:
Type of signature
|Simple||It allows the signatory’s identification to be associated with his/her data in an electronic format.|
|Advanced||The signatory is unambiguously identified, and the signature provides a higher level of confidence to the document as any changes to the document after its signature by signatory can be traceable.|
|Qualified certificate||Uses the ICP-Brasil digital certificate|
The TM expressly indicates that corporate documents filed before states’ Board of Trade shall be considered valid in case they are signed with advanced electronic signature. Additionally, each public body will be responsible for indicating the types of signatures it will consider valid for documents presented to it.
The TM also introduces significant changes to the health sector. Before such TM, electronic medical prescriptions were only valid if signed with a qualified certificate by doctors. Now, electronic medical prescriptions will be valid if either signed with a qualified certificate or with an advanced eSignature.
Additionally, it enshrines that medical prescriptions will be valid nationwide, regardless of whether the prescribed drugs are subject to any especial control by sanitary bodies. Especial norms and regulations enacted by the Brazilian Sanitary Agency will still be applicable to these prescriptions.
Lastly, we highlight that the TM must be confirmed by the Brazilian Congress within 120 days, term after which it will lose its effects. Congressmen have until Friday (19/06) to present amendments to the TM.
Dias Carneiro’s Digital Law and Technology team will continue to follow the developments of the issue.