CONTRATOS ELETRÔNICOS E A VALIDADE JURÍDICA DAS ASSINATURAS DIGITAIS

Abstract

This research explores new forms of contracts, with a special focus on electronic contracts and their validation through digital signatures. The central theme is the formation of these contracts in the current Brazilian legal system and the legal validity of digital signatures. The mainquestion that the article seeks to answer is how to ensure the security and authenticity of digital signatures in electronic contracts. The general objective of the study is to investigate the legal validity of digital signatures in electronic contracts, considering their legal and practical implications. To achieve this goal, the article proposes to fulfill three specific objectives: to evaluate the existing legal framework in different jurisdictions regarding the validity of digital signatures, to analyze the relevant case law on the subject and to examine the related legislation and regulations to increase the security and legal acceptance of digital signatures. This work is justified due to the growing popularity of electronic contracts in the digital age and the need to ensure the security and legal validity of these documents. With the advancement of technology, digital signatures have become a crucial part of electronic contracts, but there are still uncertainties and challenges in the acceptance and recognition of these signatures by courts and legislation. Investigating the legal validity of digital signatures is essential to provide clear guidance to companies, organizations and individuals who rely on these contracts to conduct their business. Furthermore, a deeper understanding of the topic can help to formulate more appropriate policies and regulations to promote security and trust in electronic transactions. The project aims to conduct a more comprehensive analysis of the legal, technical and case law issues related to the validity of digital signatures in electronic contracts, with the ultimate goal of increasing clarity and legal certainty in this area.