A certificação digital como mecanismo de manutenção da segurança jurídica nos contratos firmados via internet no Brasil

Abstract

This paper intends to deal with an academically low broadcasted instrument which due the growth of contractual negotiations over the Internet becomes essential: Digital Certification. The popularization of the Internet as a way of sealing commercial transactions, specially through e-commerce websites, make this instrument even more necessary to assure legitimacy and veracity of exchanged information. This paper also intends to demonstrate the benefits of the use of digital certification as way of legitimate judicial proof, bring it accordingly as demanded by the Brazilian Civil Code, protecting contracting parts, mostly due technological frauds and contentment and social defects, reassuring properly security which every individual must have when performing a virtual negotiation. In this line of thought, it is necessary the identification contractual parts allowing both of the to be sure that the individual with whom they negotiate is who he claims to be, if he has a physical address and if he has means of fulfill the contract. At least it is established, in case of need, minimum set of elements of identification to present a petition and go to Court requiring the due performance of the contract.