Brazil adopts digital credit records; courts uphold proof burden in bank lawsuits

Brazil is rolling out the "duplicata escritural," a digital system that converts receivable titles into electronic records supervised by the Central Bank. The platform is expected to cut bureaucracy, lower fraud risk, and broaden access to credit for companies of all sizes, with a phased implementation through 2027 and particular benefits anticipated for the state of Espírito Santo.

At the same time, Brazilian courts are emphasizing that the mere presence of internal bank records does not satisfy the plaintiff’s burden of proving a debt’s existence. While digital banking generates extensive data—such as timestamps, biometric logs, and electronic signatures—courts require that this evidence demonstrate a valid contractual relationship, reinforcing the principle that the burden of proof remains with the party claiming the right to payment.