In a decision published on January 21, 2026, Justice Daniela Teixeira of the Superior Court of Justice (REsp 2,243,445 – SP) granted an appeal to recognize as valid a power of attorney granted by a client to her lawyer, executed with an electronic signature through the Gov.br platform.

The case, pending before the São Paulo State Court, involves a lawsuit filed against Banco Bradesco. The lower courts had disregarded the power of attorney, alleging signs of predatory litigation (in this case, the mass filing of similar lawsuits), and required the plaintiff to submit a physically signed power of attorney with notarized signature recognition.

However, the Justice considered such requirement to be excessive formalism, especially since there was no concrete evidence of irregularity in the electronic signature presented. The decision emphasized that an advanced electronic signature (such as that carried out through Gov.br), as provided for in Law No. 14,063/2020, is capable of ensuring the authenticity and integrity of the document, thus waiving the need for notarization.

The ruling also reinforced that additional formal requirements may only be admitted in exceptional situations, such as when there is a specific challenge or concrete evidence of falsification of the electronic signature.

Although the decision reflects a growing understanding regarding the validity of electronically signed powers of attorney, there is still no consensus within the judiciary on the matter. In some cases, particularly in Labor Courts and Federal Courts, a stricter approach is still observed, and only qualified electronic signatures (i.e., those using digital certificates issued by ICP-Brasil) are usually accepted.

In summary, the decision represents a significant step forward in the modernization and debureaucratization of judicial proceedings, especially within State Courts. However, caution is recommended when choosing the type of electronic signature, considering the court and the specific context of the case, in order to avoid procedural risks.

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