In times of pandemic and mandatory quarantine, business relationships are extremely hampered. An additional difficulty is the exchange of signed contracts. In order to face this new era of cocooning, the use of the internet and digital instruments, such as the electronic signature of contracts, should gain strength. But would an electronically signed contract be feasible?
It is worth mentioning an important precedent of the STJ, which considered valid the execution based on a contract entered into electronically (REsp 1495920/DF, Reporting Justice PAULO DE TARSO SANSEVERINO, THIRD POST, judged on 05/15/2018, DJe 07/06/2018).
Electronic documents are legally guaranteed by Provisional Measure 2.200-2/2001, which is still in force and which provides support not only for the signature via digital certificate, but also for any other form of electronic signature, according to article 10, paragraph 2 of the Provisional Measure.
Some even argue that the consolidation of a contract through an electronic signature platform that uses a login and password and the subsequent insertion of the image of the signature, for example, has full legal validity, as well as authentication by digital certificate. This type of execution has been even more used in many segments due to its notorious practicality (it does not depend on tokens or smart cards), and can even be done via mobile phone. The Civil Code also sanctions the validity of an electronic contract, as provided by article 441: "Electronic documents produced and preserved in compliance with the specific legislation shall be admitted".
In times of COVID-19, in which physical contact must be avoided as much as possible, the instruments signed electronically represent a good alternative for the continuation of the business activity. If there are still some dissenting voices in the Judiciary, from now on they will certainly give way to common sense, sanctioning the validity, effectiveness and enforceability of contracts executed electronically, in light of the exceptional circumstances in which we currently live.
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