The celebration of electronic purchase and sale agreements in the light of provision n. 100 of the national council of justice

Abstract

This article analyzes the novelties brought by Provision n. 100, of May 26, 2020, regarding its application to purchase and sale contracts, especially the possibility of performing the act electronically or in a hybrid form. The legislative innovations related to purchase and sale contracts and their consequences for facilitating access to the electronic modality were investigated. It was considered the hypothesis that Provision n. 100 of the CNJ allows the public deed of the purchase and sale contract to be carried out electronically, through the electronic signature of the parties or even if the act is not simultaneous, that is, the parties do not need to attend the videoconference at the same time, which also allows the electronic act to be performed in its hybrid format. The work aimed to verify the impacts for the other electronic acts on this electronic and hybrid format. It was also intended to ascertain the impacts on society; its benefits and what are the requirements established by Provision n. 100 for such an achievement. This work is important from a social perspective as it provides a new tool for exercising the right of citizens to Brazilian extrajudicial services.