Brazil

1. Is there specific legislation in Brazil ruling the using of documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) executed with the use of digital platforms or any electronic signatures by the local Aviation Authority?

Since January 2021, documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) can be provided in digital format and filed electronically with the Brazilian Aeronautical Registry (‘RAB’) as long as such documents are signed digitally in accordance with the Brazilian Infrastructure of Public Keys – ‘ICP-Brazil’; otherwise, documents executed in ink must be digitally certified with ICP-Brazil by local Notaries in Brazil prior to file with the RAB. Other types of electronic or digital signatures are not accepted by the RAB. Additionally, if documents are executed in the English language, they must be translated into Portuguese by a sworn translator before submission with the RAB. Such translations must also be digitally certified. For documents executed abroad, please see also our reply to question 11 in relation to notarization and apostille requirements.

2. If your answer to (1) is yes, is there any specific requirement for the validity of such signatures, such as completion with a specific cryptographic platform developed by any local institute of technology?

The RAB only accepts documents in digital format certified with Brazilian Infrastructure of Public Keys – ‘ICP-Brazil’ and valid verified with the Brazilian National Institute of Information Technology (ITI).

3. Does the Aviation Authority in Brazil use an electronic register for Aircraft Documents or Aircraft Lease Documents (including Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs)?

The RAB is a 100% digital register for Aircraft Lease Documents.

4. If your reply to question 3 is yes, is it possible to upload electronic files for registration, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs with the Aviation Authority in Brazil?

Yes. All Aircraft Documents digitally certified with ICP-Brazil and valid verified with the Brazilian National Institute of Information Technology (ITI) can be uploaded electronically with the RAB system named SEI.

5. Do the courts of Brazil consider valid and enforceable documents executed by the use of some type of digital signature or certification even if not registered (or registrable) with the local Aviation Authority?

In order to be admissible in Brazilian courts, Aircraft Lease Documents must be previously registered with the Aviation Authority with the Brazilian Aeronautical Registry, which is a specific register for aviation documents.

6. Is it possible to upload lawsuits, pleadings, and procedural documents electronically in Brazil?

Yes. Generally, filings of lawsuits, pleadings and procedural documents are uploaded electronically to Brazilian courts.

7. Do the courts of Brazil accept procedural documents executed digitally? Is there any specific certification required? Does Brazil make any distinction between official digital signatures and private digital signatures?

Generally, private and procedural documents are executed digitally and filed electronically in local courts. Procedural documents must be digitally certified with ICP-Brazil before being uploaded electronically to local courts.

8. Are there any formal requirements for the validity of documents executed by digital signatures? Ex.: Does the consent of the parties to digital signatures have to be expressly referred to in the agreement?

The express consent of the parties to digital signatures in private documents is advisable to avoid challenge by the other party. Currently, local courts accept all types of digital signatures for private documents. In the case of the Brazilian Aeronautical Registry, the electronic signatures must comply with the requirements detailed in our replies to questions 1, 2 and 11.

9. Can foreign entities not located in Brazil execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority in Brazil? Are there any other formalities required?

Foreign entities are allowed to execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority as long as the requirements described in our replies to questions 1, 2 and 11 have been fulfilled.

10. Does the Aviation Industry in Brazil usually use digital tools such as blockchain technology for the purpose of control of Aircraft Documents in substitution of printed paper Aircraft Documents?

Yes. The Brazilian Aeronautical Registry is a digital register. Aviation documents such as certificates of airworthiness and registration are issued digitally certified.

11. Are there any Notary or Apostille requirements in Brazil? If so, do they apply to electronically executed documents, and how does this affect the possibility of electronic execution and delivery of aviation documents?

According to local laws, documents that are signed outside Brazil in a State that is a signatory to the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents of October 5th, 1961 (the “Apostille Convention”), would have to bear a certificate called “Apostille”, issued by the competent authority of the State from which such documents emanate. In the case of any documents signed in a State that is not a signatory to the Apostille Convention, then documents must be consularized (sometimes called “legalized”) by the Brazilian consulate responsible for the jurisdiction where the signature has taken place. Alternatively, documents signed in Brazil by attorneys-in-fact pursuant to notarized and apostilled or consularized powers of attorney (if necessary, as mentioned herein above) do not require apostille / consularization.

Notarized and apostilled documents received in paper can be digitalized, including specific certification of ICP-Brazil by local Notaries before submitting with the Aviation Authority.

a. Has Brazil implemented the e-Apostille program?

Brazil has implemented the e-Apostille program for documents executed in Brazil.