Brazil — Law 14.063/2020 (simple/advanced/qualified tiers)
Law No. 14.063 of 09232020. Creates 3 tiers of electronic signature for interactions between individuals and public entities. Coexists with MP 2.200-2 (does not repeal it).
The 3 tiers (Art. 4)
| Tier | Legal definition | Typical technology | Where it applies |
|---|---|---|---|
| Simple | Allows identifying the signatory; attaches or associates data with other data | Password + email; OAuth; SMS code; clicking "I agree" | Low-risk documents; routine communication with public administration |
| Advanced | Technology that: (i) is uniquely associated with the signatory; (ii) uses data under the signatory's exclusive control; (iii) detects any subsequent modification | Digital certificate outside ICP-Brasil; strong biometrics; gov.br gold/silver tier in certain cases | Medium-risk documents; asset records; tax matters with public administration (except where the Law requires qualified) |
| Qualified | Uses an ICP-Brasil digital certificate, as set out in the regulation | ICP-Brasil A1A3A4; e-CPF/e-CNPJ | Mandatory for: issuance of NF-e; documents involving onerous real-estate transfer ≥ R$ 30k; acts before the Electoral Justice; other cases under Art. 5 |
Practical difference vs MP 2.200-2
- MP 2.200-2 defines the infrastructure (ICP-Brasil) and the presumption of authenticity of the ICP signature. Focused on cryptographic digital signature.
- Law 14.063 classifies any electronic signature into tiers for the government↔citizen context. Includes the "click to agree" as the simple tier.
Where each tier is accepted (Art. 5)
- Simple — any interaction that does not require a higher tier. Logging into e-CAC with password + SMS code, for example.
- Advanced — when the law does not explicitly require the qualified tier. Includes signing via gov.br silver/gold tier (in-person or biometric validation) in various acts.
- Qualified — required for:
- Acts of transfer and registration of real estate ≥ R$ 30k (Art. 5 §1 III)
- Health-related documents issued by professionals (Art. 6 §1)
- Electronic tax invoices (related tax legislation)
- Other cases where the public entity requires it
gov.br as advanced signature
The Law is technologically neutral, but the federal government regulated via Decree 10.543/2020 + subsequent ordinances that gov.br silver and gold tiers are equivalent to an advanced signature for acts where the qualified tier is not mandatory.
- gov.br bronze — basic identification only, ≈ simple
- gov.br silver — TSE biometrics OR bank validation OR digital certificate → advanced
- gov.br gold — facial biometrics from CNH/TRE → advanced
URL to sign: assinador.iti.br — gov.br advanced signature, free of charge.
Implications for Koder Sign
Direct mapping:
| Law 14.063 tier | Likely Koder Sign implementation |
|---|---|
| Simple | Koder ID OAuth + click → product ships it as MVP |
| Advanced | Own digital certificate (non-ICP) issued by services/foundation/certs "user-signing" branch + biometrics via Koder ID or gov.br partnership |
| Qualified | Only as an ICP-Brasil client (A1/A3) — do not build our own |
Text compared with eIDAS
Law 14.063 consciously mirrored the structure of eIDAS (EU RFC 910/2014). Equivalences:
| 14.063 (BR) | eIDAS (EU) |
|---|---|
| Simple | SES — Simple Electronic Signature |
| Advanced | AdES — Advanced Electronic Signature |
| Qualified | QES — Qualified Electronic Signature |
Formal cross-recognition Brazil↔EU does not exist — an eIDAS QES signature is not automatically qualified in Brazil and vice versa. Bilateral negotiations are on the MERCOSUR-EU agenda but with no timeline.