Law 14,620/23 was enacted on July 13, 2023, promoting changes to the Civil Procedure Code, in order to waive the requirement for witnesses in electronic contracts, which are now recognized as extrajudicial executive titles. This measure aims to simplify and speed up the formalization of legal transactions carried out by digital means, in addition to facilitating the legal collection of these contracts in the event of default.
As established by law, electronic contracts that have the digital signature of the parties, certified by an entity accredited in accordance with specific legislation, or that are signed using any other means that confirms authenticity and integrity, as provided for in laws or technical standards , do not require the presence of witnesses to be considered extrajudicial executive titles. This means that these contracts can be directly enforced in court, without the need for prior knowledge action, if there is a breach of any obligation.
Before the new measure, digital contracts also had signatures from two witnesses. This is because the law only recognized contracts signed by two witnesses as extrajudicial enforcement.
This law represents an advance in the Brazilian legal system, recognizing the importance and validity of electronic contracts as legal instruments capable of producing effects at the procedural level. Furthermore, it contributes to the reduction of bureaucracy and agility in legal transactions carried out through digital means, which tend to grow more and more in contemporary society.
Source: Planalto.gov
