Takeaway: Notary offices across Brazil have begun offering e-Not Provas, a digital tool integrated with the e-Notariado platform, which enables the creation and registration of digital evidence with notarial public faith. The service allows for the legal certification of the existence and presentation of online content at a specific date and time.

The new system was developed to serve individuals and organizations that need to document digital content, such as website pages, messages exchanged through applications, and social media posts, providing greater legal certainty for the use of such information in judicial proceedings or administrative procedures.

Evidence is collected in a controlled virtual environment, with the direct involvement of a notary public, who is responsible for granting public faith to the registered material. The procedure prevents alterations, edits, or external interference during capture and is limited to certifying that the content was available at the indicated electronic address on the recorded date and time, without assessing the accuracy or truthfulness of the information displayed.

According to the Brazilian Notary Council – Federal Council (CNB/CF), the initiative responds to the significant increase in the use of digital evidence in civil, labor, and criminal disputes. The cost of the service corresponds to that of a notarial authentication, as set forth in the fee schedule applicable in each state, and the evidence is stored for a period of five years.

In practice, e-Not Provas serves as a faster and more accessible alternative to the traditional notarial deed, expanding the use of digital evidence with a higher degree of credibility and reducing disputes over authenticity, integrity, and the timing of evidence collection.

The MAC Advogados team closely monitors the consolidation of notarial mechanisms for the production of digital evidence and advises clients on the strategic use of these tools, combining legal certainty, evidentiary efficiency, and risk mitigation in disputes.

Authors: Mateus Carreteiro, Igor Castro and Barbara Gaudencio