A assinatura eletrônica como requisito de validade dos negócios jurídicos e a inclusão digital na sociedade brasileira / An electronic signature as a requirement for validating legal business and the digital inclusion in Brazilian society

AUTOR(ES)

Fabiele Behrens

DATA DE PUBLICAÇÃO

2005

RESUMO

New technologies have promoted the creation of various business modalities, focuses of discussion and formalizations in the way of electronic contracts, involving companies and citizens using digital means. Electronic transaction can be protected by digital signatures, implemented by digital certification. This procedure is not totally supported by Brazilian legislation, and is becoming a topic of concern of jurists and legislators who seek adequate tutelage. The digital contracts use digital certification programs, without the need of personal contact, nor the manual signature of the contractors, which generates arguments regarding its validity. Law had the challenge of supporting and accompanying the development of this new technology, and in creating new norms, such a search will not only repair damage and impede abuse, but also protect citizens from practices which, by chance might jeopardize individual and collective interests. Technology brings us new forms of access and opportunity for citizens and businessmen. Such occurrences also generate negative aspects such as the social exclusion caused by the increasing distance between social classes, by the impossibility and the difficulty in accessing the digital world. Hence, the need to create and implant projects that aim at expansion and allow such an opportunity to be within the reach of all citizens seeking digital inclusion. Access to technology is covered as a fundamental right which should be guaranteed and provided for by the State, and Law is to offer social balance and development to all citizens, businessmen and those involved in the electronic contracting relationships.

ASSUNTO(S)

assinatura digital - legislaçao atos jurídicos direito

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