On October 4, 2026, more than 150 million Brazilian voters will cast their votes in first-round elections for a new president and all state governors, and will also elect all members of the House of Deputies, two-thirds of the Federal Senate, and state-level representatives. Brazil is the second-largest
Continue Reading Brazil’s 2026 Election and its Impact to Businesses and InvestorsOn 20 May 2026, Brazil adopted Presidential Decree No. 12,976, establishing a comprehensive framework to address violence against women online. Adopted alongside a parallel decree (No. 12,975) reforming intermediary liability, it reflects a more assertive approach to regulating online harms, including those driven or amplified by AI. Together, these measures will require companies to reassess internal processes to ensure rapid content removal and more proactive monitoring, including for AI‑enabled services.
Continue Reading Brazil Steps Up Regulation of Violence Against Women in the Digital EnvironmentOn May 6, 2026, Brazil’s House of Deputies approved the text of the Critical and Strategic Minerals Bill. The bill establishes a new legal framework for critical and strategic minerals production with a focus on national security, local manufacturing, and sustainability. The bill was approved with wide political support and
Continue Reading Brazil’s House Approves New Critical and Strategic Minerals Legal FrameworkOn September 17, 2025, Brazil enacted the Digital Statute of the Child and Adolescent (“Digital ECA”), establishing a pioneering regulatory framework for protecting children (under 12 years of age) and adolescents (between the ages of 12 and 18) online. Brazil’s Congress approved the new law in a matter of just a few days in response to parents’ pressure, after a well-known Brazilian digital influencer published a series of online videos on the “adultization” of children on the internet.
Continue Reading Brazil Adopts Law Protecting Minors OnlineBrazil’s National Institute of Intellectual Property (“INPI”) initiated a public consultation on new guidance for the review of patent applications related to artificial intelligence (“AI”). The draft guidance document consolidates three previous INPI regulations and best practices adopted by other patent offices.
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Continue Reading Brazilian Government Opens Consultation on Artificial Intelligence-Related Patent Applications***Update (January 27, 2026): The EU and Brazil have now formally adopted mutual adequacy decisions, confirming that both jurisdictions ensure comparable levels of data protection and enabling the free and safe flow of personal data between the EU and Brazil without the need for additional transfer mechanisms.***
On September 5, 2025, the European Commission announced the launch of the process to adopt an adequacy decision with Brazil under the General Data Protection Regulation (GDPR), determining that Brazil ensures an adequate level of personal data protection comparable to that in the EU. Once adopted, the decision would permit personal data to flow freely between Brazil and the EU without the need for additional safeguards, covering flows from businesses, public authorities, and research projects.
The Brazilian federal government, through the National Data Protection Authority (ANPD), announced that it is simultaneously progressing on adopting an equivalent adequacy decision to facilitate the uninterrupted flow of data from Brazil to the EU. The parallel initiatives highlight a mutual commitment to aligning privacy and data protection standards across the Atlantic, and take place in a context of closer bilateral relations and increased U.S. scrutiny of Brazilian and European digital policies.
Continue Reading EU and Brazil Advance Towards Mutual Adequacy DecisionAs described in our prior client alert, President Trump threatened in July to impose tariffs of 50% on imports of products from Brazil in response to U.S. concerns regarding Brazil’s criminal prosecution of former President Jair Bolsonaro, recent judicial developments impacting social media regulation in Brazil, Brazil’s allegedly
Continue Reading U.S. Tariffs and Sanctions Against Brazil and the Brazilian ResponseFour Internet of Things (IoT) related tax relief provisions are due to expire on December 31, 2025. Two bills were introduced in Brazil’s National Congress to extend these provisions and are currently in debate under a fast-track rule. Companies that provide and implement IoT projects can engage congressional leaders to
Continue Reading Brazil’s Internet of Things Tax Relief Due to Expire in 2025Executive Summary
Analysis
2025 is shaping up to be a key year for digital policymaking in Brazil. It is the last year for President Luiz Inácio Lula da Silva’s administration to pursue substantial policy change before the 2026 general elections. It is also the first year for the new congressional leadership, in particular the new Speaker of the House and President of the Senate, to put their stamp on key legislation before their own reelection campaigns next year.
Existing Legal Framework: LGT, MCI and LGPD
Brazil’s current approach to digital policy is based on three key federal statutes. The first one is the General Telecommunications Act of 1997 (“LGT”). LGT established the rules for the country’s transition from a state-owned monopoly to a competitive, private sector-led telecommunications market. It is the bedrock of Brazil’s digital economy infrastructure regulation as, among other aspects, it sets rules for radio spectrum and orbit uses.
The second key statute is the Civil Rights Framework for the Internet Act of 2014 (“MCI”). MCI sets the principles, rights and obligations for internet use, including the net neutrality principle and a safe harbor clause protecting internet service providers from liability for user-generated content absent a court order to remove the content. The statute also established the first layer of data privacy provisions as well as rules for the federal, state, and local governments internet-related policies and actions.
The third key federal statute is the General Personal Data Protection Act of 2018 (“LGPD”). LGPD sets rules for the treatment of personal data by individuals, companies, state-owned and state-supported enterprises, and governments. It slightly amends MCI and adds a more robust layer of data privacy protection.
Each statute has its own regulator, respectively the National Telecommunications Agency (“ANATEL”), Brazil’s Internet Management Committee (“CGI.br”), and the National Data Protection Authority (“ANPD”).
Hot Topics in 2025: AI, Social Media, and Instant Messaging
Two agenda items will likely dominate the policy debate in Brazil in 2025. The first one is the creation of a new legal framework for AI. After years of intense debate, the Senate approved its AI bill in December 2024. The bill sets rights and obligations for developers, deployers, and distributors of AI systems, and takes a human rights, risk management, and transparency approach to regulating AI-related activity. It also contains contentious provisions establishing AI-related copyright obligations. In 2025, the House will likely debate and try to approve the bill, which is also a priority for the Lula administration.
Continue Reading Brazil’s Digital Policy in 2025: AI, Cloud, Cyber, Data Centers, and Social Media