Brazil

Brazil’s National Data Protection Agency (“ANPD”) launched a public consultation on proposed changes to its regulatory oversight framework, reflecting the agency’s expanding role in overseeing data protection, online safety, and digital platforms.

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Continue Reading Brazilian Government Opens Consultation on Regulatory Oversight of Data Privacy and Online Protection

Anderson Ribeiro, Aline Ferreira and Henryk Trelinski of Souto Correa Advogados contributed to the preparation of this article.

Foreign companies have long faced a practical challenge under Brazil’s access and benefit-sharing (“ABS”) regime: although registration obligations apply to activities involving Brazilian genetic heritage, foreign legal entities still cannot register…

Continue Reading Brazil delays SISGEN 3.0 Foreign-User Functionality while Government Advances alternative pathway for foreign ABS Compliance

On 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 Environment

On 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 Framework

On January 8, 2026, Brazil published Law 15,330/2026, officially recognizing açaí berry as a Brazilian national fruit in a bid to protect it from so-called “biopiracy”, i.e., the illegal exploitation of genetic resources and traditional knowledge (“ATK”).  Açaí berry is a ‘superfood’ rich in nutrients which grows almost exclusively along the Amazon River, and particularly in Brazil, its largest producer and exporter, producing about 1.74 million tons of açaí and generating around BRL 7.7 billion in 2024.

The legislative recognition of açaí berry as a national fruit – following the earlier designation of cupuaçu in 2008, which itself responded to attempts to register “cupuaçu” as a trademark in Japan – is largely symbolic in nature.  Law 15,330/2026 does not introduce new substantive rights or regulatory mechanisms, as Brazil already comprehensively governs access to genetic resources and the sharing of benefits arising from their use, under Law 13,123/2015 and through its implementation of the Nagoya Protocol.  Its practical significance therefore lies less in creating additional protection than in drawing renewed political and public attention to the enforcement of Brazil’s existing access and benefit‑sharing regime.

Continue Reading Brazil declares Açaí a National Fruit: What Are the Real Practical Implications for EU Companies?

On 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 Online

Brazil’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
  • In a July 9 letter sent to his Brazilian counterpart, President Trump vowed to impose a 50% tariff on “any and all Brazilian products” imported into the United States, effective August 1. He also previewed the initiation on July 15 of a U.S. investigation under Section 301 of
… Continue Reading U.S. Tariffs and Brazil’s Potential Response: A Guide for Businesses

Four 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 2025

Executive Summary

  • Artificial intelligence (AI), social media, and instant messaging regulation will be a hot topic in Brazil in 2025, with substantial activity in Congress and the Supreme Court.
  • Cloud, cybersecurity, data centers, and data privacy are topics that could also see legislative or regulatory action throughout the year at different policymaking stages.
  • Technology companies will also be affected by horizontal and sector-specific tax policy-related measures, and Brazil’s digital policy might be impacted by U.S.-Brazil relations under the new Trump administration.

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