The three years of Brazilian e-notariat represent a significant milestone in the evolution
electronic notary services.
On 05/26/2020, the National Council of Justice launched Provision No. 100, establishing regulations for notarial acts carried out electronically. This provision gave rise to e-Notariat, a central technical-legal system designed to standardize electronic notarial acts across the country.
The e-Notary comprises three elements, as defined by the Provision: a set of technical rules to enable the practice of electronic notarial acts; a set of tools and functionalities made available to notaries by the Colégio Notarial do Brasil; and a platform that offers access to these tools.
The Provision authorizes the practice of any notarial act electronically, although the use of this medium is optional for the user. Currently, several notarial acts, such as deeds, wills, inventories, divorces, powers of attorney, notarial minutes, electronic authorization for travel of minor children, electronic signature recognition, electronic apostille and electronic paper authentications, can be carried out electronically.The signing of electronic acts is carried out using the e-notary certificate or the ICP Brasil standard certificate. The e-notary certificate, issued by the notary himself, has similar characteristics to the ICP Brasil standard certificate and can be installed on the user's cell phone.
A point of discussion is the issue of territorial competence of notaries, issues related to competence in deeds involving properties have generated debates, especially regarding territorial coverage in the electronic medium.
Despite advances, some challenges persist, such as the issuance of e-notary certificates and identity validation for foreigners or non-resident Brazilians without a recent national document, and as a suggestion, solutions could be considered such as agreements with Brazilian consulates abroad, public notaries of other countries or partnerships with duly registered and qualified lawyers to facilitate the exchange of documents and the practice of notarial acts in various circumstances.
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