Notarial Certificate of Digital Media: How to Do It on e-Notariado

Context Note: This content describes Brazilian notary law (direito notarial brasileiro).

This article answers

• What is a notarial certificate of digital media and what is it used for?
• Should a notarial certificate of a WhatsApp conversation consist of continuous text or also include images?
• What are the requirements for transcribing audio recordings and messaging app messages in a notarial certificate?
• How do you request the verification and attachment of photos and files in a notarial certificate?
• How do you create a notarial certificate of digital media over the internet on e-Notariado?

In summary

• A notarial certificate of digital media (ata notarial de mídias digitais) is a public instrument drafted by a notary public (tabelião de notas) to certify the existence, content, and integrity of facts observed on the internet, messaging applications, or electronic files.
• The act imparts public faith (fé pública) to the digital content Lei nº 10.406/2002 — Código Civil, art. 215, preventing the deletion of the message or alteration of the website from destroying the evidence.
• The procedure may include the transcription of spoken statements, detailed recording of text chats, printing of images, and extraction of file metadata.
• You can perform the procedure in person at a notary office (tabelionato de notas) or fully online via videoconference on e-Notariado.

What is a notarial certificate of digital media and what is it used for?

A notarial certificate of digital media is a public document in which a notary public or notary clerk impartially narrates everything observed on cell phone screens, computers, social networks, or audio and video files Lei nº 8.935/1994, art. 6º. The objective of this act is to perpetuate the memory of the digital fact before it is deleted or modified.

Virtual messages and social network posts are volatile by nature. The sender of a text message can delete the content for everyone at any moment. When you request a notarial certificate of digital media, the notary accesses the original source of the fact, describes the navigation path, verifies phone numbers, and records the state of that information at the exact time of observation.

This notarial instrument constitutes full proof of the observed facts Lei nº 10.406/2002 — Código Civil, art. 215. A judge or administrative authority thus receives the legal guarantee that the content existed exactly as described. This avoids claims of tampering, screen manipulations, or falsification of simple screenshots.

You can use a notarial certificate of digital media in situations involving breach of contract, social media offenses, leaks of confidential information, unfair competition, and collection of debts agreed upon through apps. To understand the use of this act in preserving evidence in the Judiciary, read about Notarial Certificate: How to Record Digital Evidence.

Should a notarial certificate of a WhatsApp conversation consist of continuous text or also include images?

A notarial certificate of digital media involving WhatsApp conversations can be prepared by combining the transcription of messages in continuous text with the inclusion of images captured directly from the device's screen. The choice of method depends on the complexity of the dialogue and the applicant's intent.

A notary public usually produces a full transcript of dialogues in text format to facilitate reading during legal proceedings. However, including screenshots within the body of the notarial certificate of digital media is recommended. Images demonstrate the visual layout of elements, conversation bubble formatting, profile pictures of the participants, and emojis used in the context of the communication.

When a conversation contains images, videos, or documents sent as attachments, the notary clerk indicates in the text that a specific visual file was received or sent. They describe the scene shown in the photo and insert the image's reproduction directly into the pages of the notarial certificate of digital media.

If the volume of messages is very large, you can select specific excerpts for the notarial certificate of digital media. The notary will indicate that they reviewed a specific time window of the conversation, recording the initial and final date and time of the selected segment to avoid intentional omissions that could alter the meaning of the dialogue.

What are the requirements for transcribing audio recordings and messaging app messages in a notarial certificate?

For a notary to transcribe audio recordings and messages into a notarial certificate of digital media, you must present the original device (smartphone, tablet, or computer) in full working order and with active network access. It is not permitted to draft the act based solely on printed screenshots brought by the user.

The notary clerk validates the phone line number, the application account, and the identifiers of the parties involved. They check the account profile data visible on the participant's profile, such as business name, linked email, and profile picture.

During the transcription of audio messages into the notarial certificate of digital media, the notary listens carefully to the recording and reproduces the spoken words in quotation marks. They note the exact duration of the audio file, the day and time sent, and describe relevant background noises or interruptions in the recording.

You can also request that the notary office generate a complementary digital file with the saved media. The notary office can store audio files on physical media or in protected electronic repositories, citing the hash code (mathematical file signature) in the notarial certificate of digital media to prove that the sound underwent no subsequent editing.

How do you request the verification and attachment of photos and files in a notarial certificate?

The procedure for verifying and attaching photos to a notarial certificate of digital media begins with presenting the device or providing the access link to the notary office. The notary examines the image in its native environment before printing or digitally attaching it.

The notary clerk analyzes the technical properties of the image, known as EXIF metadata. This data reveals the camera or cell phone model used, geolocation coordinates of the photo, exact date and time of file creation, and lens aperture settings. This information is detailed in the notarial certificate of digital media to reinforce the authenticity of the image.

After checking the metadata, the notary office inserts the photos into the body of the notarial certificate of digital media or as numbered and initialed attachments. The notary certifies that the printed or digital copy corresponds perfectly to the photo stored on the original device presented.

If the image is published on a website, blog, or public social network, you can request a notarial certificate of digital media without handing over your cell phone. The notary accesses the web address (URL) from the notary office's computers, conducts an audit of the website, and records the visual content online at the time of consultation.

How do you create a notarial certificate of digital media over the internet on e-Notariado?

You can request a notarial certificate of digital media without leaving home by using the national e-Notariado platform Provimento CNJ nº 149/2023, Livro II. The system connects you to the competent notary office (tabelionato de notas) in your city or region to perform the electronic act Lei nº 14.382/2022, art. 3º.

To initiate remote service, you send the links, preliminary screenshots, and details of the facts you wish to prove to the notary office. The office schedules a videoconference session on e-Notariado. In this virtual meeting, the notary confirms your identity using an official ID document and notarial biometrics.

During the videoconference, you share your cell phone or computer screen with the clerk. The notary monitors navigation in real time, views media, listens to audio, and records all steps in the digital media notarial certificate system.

At the end of the procedure, the public electronic instrument is generated in PDF/A format. You and the notary sign the notarial certificate of digital media using a free e-Notariado digital certificate or an ICP-Brasil certificate. The digitally signed document carries the same legal weight as a paper version. To see more details about online procedures, read about Notarial Acts on e-Notariado.

Document checklist

To request the drafting of a notarial certificate of digital media at a notary office, bring the following items:

• [ ] Applicant's official photo ID (RG, CNH driver's license, or professional ID card).
• [ ] Applicant's CPF taxpayer registration card/number.
• [ ] Original cell phone, laptop, or tablet where the conversation or media is stored, fully charged and unlocked.
• [ ] Access passwords for the applications, social networks, or email accounts to be inspected (if inspection takes place at the notary office).
• [ ] Phone number and identifying details of the interlocutor who sent the messages (if applicable).
• [ ] Active e-Notariado or ICP-Brasil digital certificate, if the act is drafted virtually via videoconference.
• [ ] Exact web addresses (URLs) and public access links to the web pages or social profiles to be analyzed.

FAQ

What is a notarial certificate of digital media and what is it used for?

A notarial certificate of digital media is a public document in which a notary certifies facts verified in virtual environments, such as messages, social networks, or websites. It serves to verify the existence of such content and grant public faith to evidence for judicial or extrajudicial use (Código Civil, art. 215).

Should a notarial certificate of a WhatsApp conversation consist of continuous text or also include images?

The document can contain a continuous text transcription and screenshots of images displayed in the conversation. The notary describes visual elements and the time sequence of messages to ensure the authenticity of the recorded content.

What are the requirements for transcribing audio recordings and messaging app messages in a notarial certificate?

You must present the original device with the application installed and internet access. The notary or clerk accesses the account, listens to audio files, reads messages, describes sender, recipient, date, and time, and faithfully transcribes the audio or text content.

How do you request the verification and attachment of photos and files in a notarial certificate?

You present the original media or storage link to the notary office. The clerk performs a technical check of the file, extracts document metadata, and attaches printed or stored images and photos to the notarial certificate.

How do you create a notarial certificate of digital media over the internet on e-Notariado?

You request the act directly through the e-Notariado platform (Provimento CNJ nº 149/2023, Book II), schedule a notarial videoconference to validate your identity, and remotely demonstrate the digital media. The notary drafts the instrument and collects digital signatures via e-Notariado certificates.

Base legal

• provimento_cnj 149 2023 — Provimento CNJ nº 149/2023
• lei_federal 10.406 2002 — Lei nº 10.406/2002
• lei_federal 8.935 1994 — Lei nº 8.935/1994
• codigo 10.406 2002 — Lei nº 10.406/2002 — Código Civil
• lei_federal 14.382 2022 — Lei nº 14.382/2022
• lei_federal 8.935 1994 — Lei nº 8.935/1994

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