According to the most recent ANATEL¹ Competition Monitoring Report, published in the third quarter of 2025 (3Q2025), Brazil’s telecommunications market shows growth in mobile services (“SMP”) and decline in fixed telephony (“STFC”) and Pay TV (“SeAC”) services. While major operators of both mobile and fixed broadband internet services—Vivo, Claro, and TIM—maintain market leadership, smaller internet broadband service providers have continued to expand their presence and now collectively account for more than 50% of the national fixed internet broadband market (“SCM”).

[1] The National Telecommunications Agency ("ANATEL") is the telecommunications regulatory authority in Brazil.

The ANATEL Competition Monitoring Report (3Q2025) indicates that the mobile service ("SMP") recorded 267 million active accesses in Brazil. Among these, 94,8% are held by the national Mobile Network Operators (“MNOs”): Vivo (38.3%), Claro (33.2%), and TIM (23.3%). According to ANATEL, there are approximately 28 million users with access to 5G technology.

In the fixed internet broadband service ("SCM") market, there is still a high level of market decentralization. As of 3Q2025, small providers collectively account for 55.2% of the market share, while large operators represent 44.8%. The most prominent players in the SCM segment are Claro (19.7%) and Vivo (14.4%). According to ANATEL, 4,645 municipalities are served with fiber optic connections. 

In the voice services market, it is estimated that over 50% of users rely on Over-The-Top (“OTT”) applications. Among traditional voice service providers—fixed and mobile telephony (excluding data services), the leading providers are Vivo (17.1%), Claro (14.9%), and TIM (10.8%).

Regarding the audiovisual market, 89.8% of access relates to OTT (streaming services), while traditional Pay TV services ("SeAC") are comprised of more than 160 providers that account for less than 10% of this market.

In 2021, Brazil held the spectrum auction for the implementation of 5G services. The main goal of the auction was not revenue generation, but rather to channel the investment to infrastructure development for the nationwide expansion of 5G. The release of the 5G signal across all Brazilian municipalities has already been completed following the clearing of the 3.5 GHz band by a sectoral entity, the Spectrum Liberation Monitoring Entity (“EAF”). Part of the 3.5 GHz band (C-band) was previously allocated to satellite services. Millions of users already have access to 5G services, but the expectation remains high with millions more to come, as well as with the expansion of 5G services for corporate applications and private networks.
In contrast, the IoT market has not progressed as expected yet, with public and private entities continuing discussions on what incentives are needed to foster its expansion. The expectation is that IoT will significantly advance through the use of cellular and satellite networks in the upcoming years. The need to reach cost-effective pricing for service offerings is still a challenge. In this respect, the IoT market relies on certain sectoral tax benefits and dismissal of certain regulatory obligations, which they claim to be crucial for the maintenance and expansion of the market.

Another relevant trend to mention regards the satellite sector, which is currently undergoing strong expansion. Satellite internet service “Starlink” has been operating in Brazil for three years and can already be considered a consolidated player in the market. Some other LEO constellations are expected to begin operations soon, having already obtained their authorizations with ANATEL. In addition, dozens of GEO satellites have been operating in Brazil for many years with solid operations. There are good expectations for the increase of satellite services and applications in the country.

Regarding the fixed broadband internet market, although it remains unconcentrated, a trend toward consolidation among SCM providers has been observed, with the merger of some smaller companies into regional companies. The SCM market consolidation is expected to continue. Conversely, the SMP market has maintained its 2022 level of concentration, following the acquisition of Oi (a then-national MNO) by the other main national players Claro, Vivo, and TIM. 

The telecommunications sector is governed by Law No. 9,472/1997, known as the General Telecommunications Law, which grants the federal government authority to organize and oversee the provision of telecommunications services. This framework covers the regulation and supervision of service provision, commercialization, and network operations, as well as the management of orbital and radio frequency resources. Other important laws and regulations applicable to the telecommunication sector include:

• Law No. 12,485/2011: Audiovisual Communication Law 
• Law No. 12,965/2014: Brazilian Internet Law 
• Resolution No. 777/2025: General Regulation on Telecommunications Services.
• Resolution No. 783/2025: General Competition Plan
• Resolution No. 765/2023: General Regulation on Consumer Rights for Telecommunications Services. 
• Resolution No. 720/2020: General Granting Regulation.
• Resolution No. 717/2019: Regulation on the Quality of Telecommunications Services (QoS).  
• Resolution No. 715/2019: Equipment Certification Regulation (Type-approval).
• Resolution No. 671/2016: Regulation on Use of the Radio Frequency Spectrum

The National Telecommunications Agency ("ANATEL") is the regulatory authority responsible for implementing national telecommunications policy. Its competences include issuing regulations on the granting and provision of services, managing the radio frequency spectrum and orbital resources, monitoring compliance, and applying sanctions when necessary. The above-mentioned regulations were all enacted by ANATEL.

The provision of telecommunications services is subject to obtaining proper authorization from ANATEL. The authorization varies according to the type of telecommunication service (e.g., fixed applications vs. mobile applications) rather than its technology, the ownership or operation of telecom networks, or the target market (B2B vs. B2C, or government). That is: the regulation is service-based.

For instance, the provision of fixed services that enable internet connection, data and voice transmissions etc., is covered by the Multimedia Communication Service ("SCM") authorization, while the provision of mobile services that enable the same applications is covered by the Personal Mobile Service ("SMP") authorization. As per in-force regulations, SCM and SMP services can be provided using any means, such as radio frequency, satellite networks, or wired networks (fiber, cable, etc.).

PayTV is covered by the SeAC authorization that enables the distribution of audiovisual content on a subscription basis, also using any viable means.

Each authorization is granted to applicants who meet the technical, legal, financial, and fiscal requirements set forth in the General Granting Regulation (Resolution No. 720/2020). The application must be submitted through ANATEL’s online system (“Mosaico”) following a very fast, simple, and low-cost procedure.

Finally, MVNOs can be classified as either Authorized Operators, which must obtain an authorization with ANATEL to provide SMP services, or as Accredited Providers, which do not need to obtain an authorization but rather agreements with MNOs that are approved by ANATEL. 

There are no restrictions on foreign ownership. For companies to obtain authorizations and provide telecommunications services, they must be incorporated and organized under Brazilian law, maintain a legal representative, and have their headquarters in Brazil. Companies providing free-to-air broadcasting of television and radio, however, are subject to specific limitations: in accordance with Law No. 4,117/1962, at least 70% of their total and voting capital must be owned—direct or indirectly—by native Brazilians or individuals naturalized for more than ten years.

Prices offered to customers are freely determined. However, the regulatory framework established under the General Competition Plan (Resolution No. 783/2025) identifies key strategic wholesale and retail markets and sets forth specific ex-ante measures to ensure effective competition. Among these measures, price regulation on wholesale markets may be applied to certain providers holding dominant power as determined by ANATEL, aimed at preventing anticompetitive practices and protecting consumer interests, which reinforces market stability and transparency.  

License transfers are subject to ANATEL’s prior approval, in which case the assignees must demonstrate compliance with the technical, legal, financial, and fiscal requirements, as was demonstrated by the assignor. Differently, transactions resulting in changes of control of a telecommunications provider may or may not require ANATEL’s prior approval, depending on the corporate groups involved. According to ANATEL’s Regulation on Determining and Transferring Control in Telecommunications Service Providers (Resolution No. 101/1999), the change of control occurs when a legal act leads to the partial or complete transfer of authority to direct the company’s activities or manage its operations. The regulation specifies several scenarios in which such transactions result in changes of control. If ANATEL’s prior approval is not required, then post-notification applies.

In Brazil, universal service obligations applied exclusively to telecommunications services provided under the public regime, which concerns solely fixed telephony services (“STFC”). The few remaining concessions are expected to end very soon upon migrating to an authorization under a private regime. Nevertheless, by means of radio spectrum auctions, MNOs providing SMP services are subject to intense coverage and attendance commitments, which have ensured substantial access to mobile services throughout the country.

From an infrastructure standpoint, ANATEL imposes network interconnection obligations to ensure seamless communication among telecommunications operators in the country. The General Telecommunications Law (Law No. 9,472/1997) defines interconnection as “the connection between functionally compatible telecommunications networks, allowing users of one network to communicate with users of another or access services available therein.” In accordance with the Law, interconnection is mandatory, ensuring that one provider has access to the network of another provider. Complementing this framework, the General Interconnection Regulation (Resolution No. 693/2018) sets forth the rules governing interconnection procedures and the different categories, including, when applicable, the requirement for ANATEL's approval of interconnection agreements signed by telecommunications providers.

The Brazilian Internet Law (Law No. 12,965/2014) governs the use of the internet in Brazil and establishes, among its core principles, the unrestricted right of access to the network. This Law also provides for net neutrality as a fundamental principle governing the use of the internet in Brazil. Under this framework, entities responsible for data transmission, switching or routing must handle all traffic in a non-discriminatory manner, without differentiation based on content, origin, destination, service, terminal, or application, and they are also prohibited from blocking, monitoring, filtering, or inspecting data content. Furthermore, Decree No. 8,771/2016—which regulates the Internet Law—reinforces net neutrality by forbidding arrangements between telecommunications operators and internet application providers that could undermine the universal nature of the internet, or that grant preferential treatment to data traffic or applications based on commercial interests or corporate affiliation. 

The radiofrequency spectrum is a limited resource and constitutes a public asset under ANATEL’s administration. The allocation, destination and management of radiofrequency is consolidated in a Frequency Plan Table that is approved and constantly updated by ANATEL. For this, ANATEL mostly follows the determinations and recommendations from the International Telecommunications Union (ITU), and is a very active participant in ITU forums.

According to the General Telecommunications Law (Law No. 9,472/1997), the use of radio frequencies depends on ANATEL’s authorization, which is tied to and associated with an authorization to provide telecommunications services. According to the Regulation on Use of Radio Frequency Spectrum (Resolution No. 671/2016), which establishes the general parameters for spectrum management, authorizations for use of radiofrequency can be granted either on a primary basis with the right to protection against harmful interference, or on a secondary basis, where such protection does not apply. The rules governing the secondary use of radiofrequency have been the subject of ongoing debate under the draft of the new Regulation on Use of Radio Frequency Spectrum, which is expected to be published in the near future.
Regarding high-demand mobile frequencies, these have always been granted on a primary basis by means of spectrum auctions carried out by ANATEL. The use of these frequencies on a secondary basis can be allowed by means of authorizations granted by ANATEL, but depending on the approval or agreement with the primary holders (except for certain very specific situations as per the regulations).

The current regulation also allows radiofrequency sharing by more than one provider, provided that ANATEL’s prior approval is obtained through a specific administrative proceeding that assesses the effects of such sharing and its potential regulatory and competitive impacts.

The General Telecommunications Law allows the transfer of authorizations of spectrum use between telecom service providers, provided that ANATEL grants prior consent — which may include conditions and limitations such as limits on the amount of spectrum transferred. It is expected that the new Regulation on Use of Radio Frequency Spectrum will regulate this secondary spectrum market, allowing negotiations between spectrum holders.

Federal Law No. 13,116/2015 (known as the “Antenna Law”) sets forth general rules for the implementation and sharing of telecommunications infrastructure. With respect to sharing, the Law states that support infrastructure in telecommunications must allow for the mandatory sharing of excess capacity, unless a technical justification is provided. The sharing must be non-discriminatory and under fair and reasonable terms. This obligation must respect urban, historical, cultural, touristic, and landscape heritage. There can be exemptions defined by specific regulations.

Regarding the licensing for the installation of such infrastructure, the referred Law requires compliance with specific urban planning rules — for instance, installations must not interfere with the use of parks and squares, obstruct the circulation of vehicles or pedestrians, or endanger the safety of nearby buildings. The Law also ensures, when applicable, the free “right of way” for installations carried out on public property. In addition to federal regulations, specific rules may also apply at the state and municipal levels, depending on local requirements, as well as authorizations from other entities—such as the Brazilian Institute of Environment and Renewable Natural Resources ("IBAMA") or the National Institute of Historic and Artistic Heritage ("IPHAN"), when applicable.

The use of power poles by telecommunications providers is subject to specific regulations enacted both by ANATEL and/or the National Energy Agency ("ANEEL"). For the past years, there have been intense disputes between power and telecom companies regarding the use of poles, for which related regulations are also under review, aimed at resolving this important issue.

The General Telecommunications Law (Law No. 9,472/1997) grants telecommunications service providers the right to use poles, ducts, conduits, and easements owned or controlled by other telecommunications companies or entities providing public-interest services, on a non-discriminatory basis and under fair and reasonable terms and conditions.

Reinforcing the importance of infrastructure sharing, the Antenna Law (Law No. 13,166/2015) also sets forth rules aimed at optimizing the use of existing infrastructure, as previously mentioned. ANATEL has established an Infrastructure Sharing Regulation (Resolution No. 683/2017), which sets forth rules for the use and sharing of passive infrastructure between telecommunications providers.

This framework aims to promote resource optimization and reduce operational costs, ultimately benefiting end users of telecommunications services. Additionally, under the General Competition Plan (Resolution No. 783/2025), ANATEL identifies the market for passive infrastructure—including ducts, sub-ducts, handholes, and underground boxes—as a relevant wholesale market, subjecting operators, when applicable, to ex-ante regulatory measures.

Finally, ANATEL has also issued joint regulations with ANEEL and the National Oil & Gas Regulatory Agency ("ANP"), establishing intersectoral infrastructure-sharing rules to foster efficient and coordinated use of physical assets across regulated industries.

The landing and operation of submarine cables in Brazil require several national-level authorizations, including from the Brazilian Navy, responsible for navigation safety; the Brazilian Institute of Environment and Renewable Natural Resources ("IBAMA"), which assesses the project’s environmental impact; and the Secretariat for Federal Assets ("SPU"), which oversees the management of federal lands. In addition, state and municipal permits may also be required, depending on the location and complexity of each project.

Additionally, the entity responsible for operating the fiber optics of the cables is required to obtain the proper telecom service authorization from ANATEL.

Currently, the Ministry of Communications has expressed an intention to develop a National Submarine Cable Policy, which remains in its early stages of discussion, following the launch of a public consultation aimed at gathering input from stakeholders in the sector.

The operation of any kind of satellite system—whether Brazilian or foreign, GEO or NGSO—is subject to authorization from ANATEL. Applications for authorization must comply with the provisions of Resolution No. 748/2021 – General Regulation for Satellite Exploitation. The authorization is usually granted to the operator of the satellite system. If foreign, the operator must appoint a Brazilian incorporated entity to act as its legal representative in Brazil, assuming responsibilities regarding ANATEL and customers.  

In accordance with the regulations, although the type of authorization does not change, ANATEL may impose additional requirements with respect to operating conditions of NGSO (Non-Geostationary Satellite Orbit), mainly for large constellations.

The authorization to operate a satellite system in Brazil is subject to compliance with the radiofrequency allocation and destination rules (e.g., FSS, MSS, BSS). This authorization is not to be confused with the telecom service authorization required to provide telecom services, including satellite-based telecom services. As a rule, all kinds of telecom services can rely on satellite systems for their provision.

Yes, every ground station that transmits signals must be licensed by ANATEL whenever located in Brazilian territory. With respect to foreign satellite systems, it is not mandatory to have a TT&C station or a gateway station located in Brazil.

Only D2D services that can be provided through satellite systems operating under the MSS framework are currently regulated. For the use of frequencies allocated to the mobile terrestrial services and operated by MNOs, there is still no specific regulation. In this case, a regulatory sandbox approved by ANATEL allows MNOs to operate their frequencies in partnership with satellite companies, aiming to enable the provision of such new services and guide future regulation. In addition, ANATEL participates in current ITU studies related to D2D communications.

The homologation of telecommunications equipment is mandatory in Brazil. ANATEL regulates the homologation process through the Regulation on Conformity Assessment and Certification of Telecommunications Products (Resolution No. 715/2019), which establishes the principles, general rules, and operational procedures governing product approval. Further, ANATEL technical departments enact the technical requirements applicable to each category of telecommunications equipment, which must be observed during the certification assessment. ANATEL’s homologation is mandatory regardless of any homologation already obtained in another jurisdiction for the same product.

In addition, ANATEL’s Cybersecurity Regulation (Resolution No. 740/2020) requires telecommunications service providers to use equipment and products supplied by vendors that maintain cybersecurity policies consistent with the principles and guidelines set forth in the regulation. It also mandates that such vendors undergo regular independent audits to ensure ongoing compliance with these standards.

According to the ANATEL Competition Monitoring Report (3Q2025), the substitution effect of Pay TV services by streaming platforms has already been consolidated. By the end of 2024, it was estimated that approximately 70.3 million users subscribed to the main streaming platforms in Brazil — Netflix, Disney+, Prime Video, Globo, Claro, Warner/Discovery, YouTube, Paramount+, Apple TV+, and Sky+. These are the main players among streaming services in Brazil. Together, these streaming services accounted for 89.8% of the Hybrid Content Offer Market in 3Q2025. 

As reported by specialized media, the streaming platforms with the largest market share are Prime Video (21%), Netflix (20%) and Disney+ (18%).

Meanwhile, SeAC (traditional Pay TV) services continued to lose subscribers, with a decrease of 1.35 million user accesses between 1Q2025 and 3Q2025. As a result, traditional Pay TV services now represent less than 10% of the Hybrid Content Offer Market, with Claro holding 5.5% and Sky 2.8%. When considering only the SeAC market, Claro holds 47,1% of the market share while Sky holds 32,1%.

ANATEL regulates the SeAC (traditional Pay TV) service, defined as a telecommunications service that enables communication from fixed stations for the distribution of audiovisual content on a subscription basis, by using any technologies and means. ANATEL grants SeAC authorizations for the provision of traditional Pay TV services.

Its regulatory scope covers aspects such as infrastructure, service quality, customer rights, customer service, and equipment certification. The National Film Agency ("Ancine") oversees the audiovisual sector in relation to content and the industry’s production chain. The Ministry of Communications, in turn, is responsible for regulating free-to-air broadcasting of television and radio.

Among the main rules applicable to audiovisual services are:

• Decree No. 52,795/63 – regulates free-to-air ("FTA") radio and television broadcasting;
• Law No. 8,685/1993 – funding and other benefits for audiovisual activities;
• Provisional Order No. 2,228-1/2001 – creates the National Agency of Cinema ("Ancine"), among other rules;
• Law No. 12,485/2011 – Audiovisual Communication Law; 
• Resolution No. 765/2023 – General Regulation of Consumer Rights for Telecommunications Services; 
• Resolution No. 777/2025 – General Regulation of Telecommunications Services;
• Decree No. 12,595/2025 – creates the technological standard for the second generation of the Brazilian Terrestrial Digital Television System, referred to as ‘TV 3.0’.

For the distribution of audiovisual content by traditional Pay TV services, the SeAC authorization applies. The SeAC authorization is granted to applicants who meet the technical, legal, and financial requirements set forth in the General Grant Regulation (Resolution No. 720/2020). The request must be submitted through ANATEL’s online system ("Mosaico"), by completing an application form, attaching the required documentation, and paying the applicable fee. Generally, authorizations to operate telecommunications services are issued for an indefinite term but may be terminated by the licensee or ANATEL (when the provider does not maintain the conditions to keep the license).

For the provision of streaming services or video-on-demand services, currently, these are not regulated activities, and therefore are not subject to authorization.

Regarding the activities of programming content and bundling/packaging content (organizing and formatting audiovisual content on a linear programming channel and organizing programming channels for distribution, respectively), registration with Ancine is required. According to Ancine´s Normative Instruction No. 91/2020, the registration can be carried out under three different modalities:

• Full Registration – mandatory for those engaged in programming and packaging activities within the scope of the SeAC and for other agents;
• Simplified Registration;
• Individual Registration, applicable to natural people.

The registration process is conducted through Ancine’s digital platform, with the submission of the relevant documentation required for each registration modality.

SeAC authorizations may be transferred, in whole or partially, at any time, subject to prior approval by ANATEL. The transfer request must be submitted by the original authorization holder, and the successor entity must consent to the transfer and meet the technical, legal, and financial requirements set forth in the General Grant Regulation (Resolution No. 720/2020).

In contrast, transactions resulting in changes of control of a SeAC provider may or may not require ANATEL’s prior approval, depending on the corporate groups involved. According to ANATEL’s Regulation on Determining and Transferring Control in Telecommunications Service Providers (Resolution No. 101/1999), the change of control occurs when a legal act leads to the partial or complete transfer of authority to direct the company’s activities or manage its operations. The regulation specifies several scenarios in which such transactions result in changes of control. If ANATEL’s prior approval is not required, then post-notification applies.

In the case of Brazilian Producers and free-to-air broadcasting companies, at least 70% of their total and voting capital must be owned by native Brazilians or individuals naturalized for more than ten years.

There are no foreign investment restrictions applicable to companies holding SeAC authorizations or companies registered as content programmers or bundlers. However, the control or ownership of more than 50% of the total and voting capital of telecommunications providers (e.g., SeAC) must not be held, directly or indirectly, or through a company under common control, by FTA broadcasters or by content producers and programmers headquartered in Brazil. Similarly, the control or ownership of more than 30% of the total and voting capital of FTA broadcasters or of content producers and programmers headquartered in Brazil must not be held, directly or indirectly, or through a company under common control, by telecommunications providers. 

Observing the cross-ownership restrictions above, one of the same companies can hold a SeAC authorization granted by ANATEL and be registered as a content bundler with Ancine. This same company can also be a streaming service provider.

Regarding FTA broadcasting, each entity may hold a concession or authorization to provide broadcasting services, limited to 20 authorizations for sound broadcasting services and 20 authorizations for sound-and-image broadcasting services.

According to Ancine´s Normative Instruction No. 91/2020, it is mandatory for economic agents to be registered with Ancine, which is understood as any natural or legal person that acts as an active participant in the audiovisual economic activity. The audiovisual economic activities are classified by Ancine and include, among others, advertising agency services and audiovisual programming and packaging activities. 

In accordance with Audiovisual Communication Law, within each programming channel, at least three and a half hours per week of the content broadcast during prime time must be Brazilian, and half of that must be produced by an independent Brazilian producer. Moreover, in all subscriber packages, for every three channels offered, one must be Brazilian, and one-third of those must be programmed by an independent Brazilian programmer. For channels offered under the on-demand programming modality, at least 10% of the content must be Brazilian. 

Law No. 12,485/2011 establishes, as a guiding principle, the promotion of cultural diversity and the diversity of information sources, production, and programming. The regulation sets a minimum quota for Brazilian productions, maintaining editorial independence for journalistic content. The law also provides that no content may be broadcast without prior notice and age classification indicating the nature of the content and the recommended age group — a rule supervised by the Ministry of Justice.

The Screen Quota (Ancine´s Normative Instruction No. 170/2024) requires exhibition companies to feature Brazilian feature-length films in their programming. The number of screenings required to meet the quota, the variety of titles to be shown, and the maximum occupancy limit for a single work are established annually by a Decree of the President of the Republic.

The General Regulation on Telecommunications Services (Resolution No. 777/2025) provides that SeAC licensees must include, in all their service offerings, mandatory distribution channels, which comprise:

• Channel reserved for the Chamber of Deputies
• Channel reserved for the Federal Senate
• Channel reserved for the Federal Supreme Court
• Channel reserved for the provision of public broadcasting services by the Executive Branch
• Channel reserved for the official broadcaster of the Executive Branch
• Educational and cultural channel, organized by the Federal Government and intended for the development and enhancement of distance learning programs, teacher training, and the transmission of cultural productions and regional programming
• Community channel, for free and shared use by non-governmental and non-profit entities
• Citizenship Channel, organized by the Federal Government and intended for broadcasting local community programming, as well as disseminating acts, works, projects, sessions, and events of federal, state, and municipal public authorities
• X – A municipal/state legislative channel, reserved for shared use among City Councils located within the service area and the Legislative Assembly of the respective State
• University channel, reserved for shared use among higher education institutions located within the municipality or municipalities of the service area

The National Council for Advertising Self-Regulation ("CONAR") is a non-governmental organization ("NGO") responsible for overseeing the ethical standards of advertising in Brazil. The Council operates based on the Brazilian Code of Advertising Self-Regulation, which serves as the guiding framework for its actions.

The Statute of the Child and Adolescent ("ECA") – Law No. 8,069/1990 – establishes general rules for the physical and moral protection of children. More recently, the so-called Digital ECA (Law No. 15,211/2025) was enacted, imposing on digital content and service providers the obligation to prevent and mitigate risks related to predatory, unfair, deceptive, or financially harmful advertising practices directed at children and adolescents.
The Brazilian Code of Advertising Self-Regulation sets forth specific rules for certain market segments, such as alcoholic beverages, pharmaceutical products, and betting services, for example. In addition, there are express legal prohibitions on certain types of advertising, including: advertisements directed at children (Consumer Protection Code); advertising of food products for infants and young children (Law No. 11,265/2006); and advertising of tobacco products (Law No. 9,294/1996).

According to Ancine´s Normative Instruction No. 91/2020, advertising agencies must be duly registered with the Agency. The Consumer Protection Code expressly prohibits abusive or misleading advertising and coercive or unfair commercial practices, while ensuring that any offers made to consumers are legally binding on the advertiser. 

The main sector fees and contributions are:

• ANATEL inspection fees charged by SeAC and other telecommunications service providers regarding their telecom licensed stations
• Contribution to the promotion of public broadcasting charged by SeAC and other telecommunications service providers regarding their telecom-licensed stations
• Ancine supervision and inspection fee to monitor incentivized projects, reporting obligations and legal compliance
• Contribution for the Development of the National Film Industry ("Condecine"): levied on the import, commercialization and broadcasting of audiovisual products ("Ancine"): 
  
  • Condecine Title – focused on the commercial exploitation of audiovisual works in each of the market segments (cinema theaters, home video, Pay TV, free-to-air TV and other markets)
  • Telco Condecine – charged from SeAC and other telecommunications service providers regarding their telecom licensed stations
  • Condecine Remittance Tax – levied on remittances abroad of amounts relating to income derived from the exploitation of cinematographic and videographic works, or from their acquisition or importation.

OTT platforms are not directly regulated with respect to the provision of services, but they are subject to compliance with Law No. 12,965/2014 ("Brazilian Internet Law"), Law No. 13,709/2018 ("General Data Protection Law – LGPD"), and Law No. 15,211/2025 ("Digital ECA").

Currently, several Bills aim to regulate digital platforms, such as:

• Bill No. 4,675/202, which intends to regulate economic agents in digital markets from a competition and economic perspective
• Bill No. 2,768/2022, addressing the organization, operation, and functioning of digital platforms
• Bill No. 2,630/2020, regarding platform liability for combating misinformation (“fake news”)
• Bill No. 2,331/2022, which intends to regulate the provision of video-on-demand services to the Brazilian market and creates a new type of Condecine
• Bill No.  8,889/2017, which intends to regulate the provision of on-demand audiovisual content and other related measures.

AI is not yet regulated in Brazil. The main public authorities addressing the topic of artificial intelligence are ANATEL, the National Data Protection Authority ("ANPD") and the Ministry of Science, Technology and Innovation ("MCTI"); however, there is still no clear definition regarding the agency holding authority over the matter. It is estimated that there are at least 45 bills in the National Congress aimed at regulating AI, but the one most noteworthy is Bill No. 2,338/2023.

It is argued that the Bill is aligned with the OECD AI Principles and other international accords to secure interoperability, cybersecurity, protection of data and innovation. It sets forth criteria for the classification of AI systems as high-risk, based on the probability and severity of adverse impacts on individuals or affected groups. The Bill also acknowledges the inherent complexity of the development and deployment chains associated with artificial intelligence systems, providing for a differentiation of responsibilities among developers, distributors, and deployers.

The debate on Bill No. 2,338/2023 has progressed, having been concluded in the Senate and currently under analysis by the Chamber of Deputies.

Further, Brazil has released this year (2025) its Brazilian Artificial Intelligence Plan, whose draft was coordinated by the MCTI. The Ministry also leads the implementation of the Plan. According to its terms, the AI Plan is a strategy aimed at overcoming major national challenges in specific areas with the potential to positively impact the well-being of Brazilians, and was inspired by international experiences, adapting them to the Brazilian reality in order to leverage the country’s comparative advantages, such as its clean energy matrix, cutting-edge research capabilities, and technological expertise in strategic sectors like agriculture, health, and the environment.

To achieve the desired transformations, the Brazilian AI Plan seeks to:

• Improve the lives of Brazilians through innovations in AI aimed at enhancing national productivity and social well-being;
• Position Brazil at the forefront of advanced technology with computational infrastructure to drive AI cutting-edge research, technological development, and innovation;
• Develop large language models (LLMs) for AI in Portuguese, based on national data;
• Strengthen Brazil’s global leadership by promoting technological development in AI based on sovereignty and international capacity sharing.

Not yet. The legal framework for artificial intelligence is currently being debated through Bill No. 2,338/2023, which establishes a list of high-risk AI applications, including those involving critical infrastructure; educational matters; labor relations; emergency services; financial credit scoring; judicial administration; healthcare applications; autonomous vehicles; criminal investigations and intelligence, among others.

The Bill imposes several principles, such as equity, non-discrimination, transparency, explainability, accountability, intelligibility, and auditability in the use of AI. It also requires traceability of decisions throughout the AI system lifecycle as a mechanism for accountability and assignment of responsibility. Furthermore, AI systems must undergo an algorithmic impact assessment.

The Brazilian Artificial Intelligence Plan proposes a human-centered approach, aligned with national interests and the defense of the right to development, and oriented toward overcoming the country’s social, environmental, and economic challenges. The five pillars of “AI for the good of all” are: (i) human-centered and accessible to all, (ii) oriented toward overcoming social, environmental, and economic challenges contributing to the achievement of the Sustainable Development Goals, (iii) grounded in the right to development and national sovereignty, (iv) transparent, traceable, and accountable — with some typical principles of responsible AI include: fairness, transparency, trustworthiness, privacy and security, and inclusion, and (v) globally cooperative on fair and mutually beneficial terms.

General regulations that already apply are Law No. 12,965/2014 ("Brazilian Internet Law") and Law No. 13,709/2018 ("General Data Protection Law – LGPD"). 

Decree No. 11,856/2023 established the National Cybersecurity Policy ("PNCiber"), designed to guide and coordinate cybersecurity activities across the country. The same decree also creates the National Cybersecurity Committee, tasked with monitoring the implementation and development of the PNCiber.

More recently, Decree No. 12,573/2025 introduced the National Cybersecurity Strategy ("E-Ciber"), which advances public policies on cybersecurity through four strategic pillars:

• Protection and Awareness of Citizens and Society
• Security and Resilience of Essential Services and Critical Infrastructure
• Cooperation and Integration among Public and Private Entities
• National Sovereignty and Governance.

Recently, a new Bill was proposed at the National Congress aimed at establishing the Cybersecurity Legal Framework in Brazil. Among its purposes, there is the intent to govern the prevention, damage mitigation and responses to cyber-incidents and cyber-attacks.

Cybersecurity is considered an important matter in Brazil, so the regulation on the matter has grown in recent years.

Within the telecommunications sector, ANATEL’s Cybersecurity Regulation – RCiber (Resolution No. 740/2020)—whose update was recently approved—sets forth standards and procedures to strengthen the security of telecommunications networks and services. The regulation also created the Cybersecurity and Critical Infrastructure Risk Management Technical Group ("GT-Ciber"), composed of representatives from ANATEL and the telecommunications industry, responsible for overseeing the implementation of the PNCiber within the sector.

The GT-Ciber was responsible for developing the complementary definitions necessary for the implementation of the R-Ciber, addressing specific topics and their operationalization, as follows:

• Decisory Dispatch No. 20/2021 – regarding providers’ obligation to publish a summary of their Cybersecurity Policy on their websites
• Decisory Dispatch No. 48/2021 – concerning providers’ obligation to modify the default authentication settings of equipment provided to users under loan agreements, as detailed in the annex
• Decisory Dispatch No. 49/2021 – regarding providers’ obligation to notify ANATEL and communicate to other providers and users about relevant incidents that substantially impact the security of telecommunications networks and user data
• Decisory Dispatch No. 58/2021 – concerning providers’ obligation to conduct cybersecurity vulnerability assessment cycles
• Decisory Dispatch No. 61/2021 – regarding providers’ obligation to submit information on their Critical Telecommunications Infrastructure to ANATEL
• Decisory Dispatch No. 68/2022 – regarding providers’ obligation to present reports on the monitoring of the implementation of the Cybersecurity Policy
• Decisory Dispatch No. 69/2022 – concerning providers’ obligation to notify about incidents
• Decisory Dispatch No. 152/2022 – approving the Sectoral Cyber Incident Management Plan – Version 1.0
• Decisory Dispatch No. 16/2023 – regarding providers’ obligation to use telecommunications products and equipment from vendors that maintain cybersecurity policies aligned with the principles and guidelines of the R-Ciber Regulation, and that perform periodic independent audits, as detailed in the annex
• Decisory Dispatch No. 18/2023 – approving the Cybersecurity Guidance for Telecommunications Service Providers – Basic Level, as well as the DevSecOps Guidance Manual
  Within the finance sector, cybersecurity is also regulated. The noteworthy rules are:
• Brazilian Securities and Exchange Commission ("CVM") Resolution No. 612/2019 – introduces cybersecurity obligations for market intermediaries (e.g., brokers and dealers)
• Brazilian Securities and Exchange Commission ("CVM") Resolution No. 35/2021 – introduces rules on Information Security and Cybersecurity in the Financial Market
• Brazil Central Bank Resolution No. 498/2025 – establishes accreditation rules of IT Service Providers connected to the National Financial System Network, setting strict cybersecurity and governance requirements

Regarding the federal public sector, the Institutional Security Chamber of the Presidency ("GSI/PR") is the body responsible for creating and coordinating policies for information security and cybersecurity within the federal Executive Branch. The Chamber has enacted rules on the matter.

There are precedents of relevant incidents that have been duly sanctioned, either administratively by the regulatory authority or judicially. The first private company to be penalized for a data breach was a real estate developer, which was ordered by a court in 2020 to pay BRL 10,000 in damages to a customer whose personal data had been shared without authorization. In the public sector, the National Data Protection Authority ("ANPD") sanctioned the National Social Security Institute ("INSS") for the leak of millions of beneficiaries’ personal data.

In the event of a security incident involving personal data, Article 48 of the Brazilian General Data Protection Law ("LGPD") requires that both the data subjects and ANPD be notified of the occurrence. For significant incidents related to the telecommunications sector, ANATEL also mandates a specific reporting procedure, as established by Decisory Dispatch No. 69/2022. In cases involving other relevant incidents, the notification must be submitted to the Integrated Cybersecurity Center of Digital Government ("CISC"), which is responsible for coordinating communication between private entities and public bodies within the Integrated Public Security System ("SISP"). The CISC may also deploy specialized teams to ensure a swift response and effective incident handling.

Authorities have specific procedures and platforms for receiving notifications in the event of significant incidents, which are made by the DPO or another designated legal representative. Additionally, there are sectoral Working Groups on cybersecurity issues, composed of private entities and public authorities, facilitating dialogue between stakeholders.

Law No. 12,737/2012 amended the Brazilian Penal Code (Decree-Law No. 2,848/1940) to include cybersecurity-related crimes, primarily addressed in Article 154-A (unauthorized access to computer systems) and Article 171 (electronic fraud). In parallel, Law No. 12,735/2012 also modified the Brazilian Penal Code to mandate the creation and specialization of judicial police units dedicated to the investigation and enforcement of cybercrime offenses. Additionally, by means of Decree No. 11,491/2023, Brazil officially joined the Budapest Convention on Cybercrime. 

The National Cybersecurity Policy ("PNCiber") establishes international technical cooperation as one of its core principles. The National Cybersecurity Committee is composed of entities from the Ministry of Foreign Relations and is tasked with proposing strategies for international technical collaboration, ensuring Brazil’s engagement in cybersecurity matters with other countries. Similarly, Decree No. 12,573/2025, which establishes the E-Ciber, includes a dedicated chapter on international cooperation, aimed at promoting the exchange of cybersecurity-related information. Furthermore, through Decree No. 11,491/2023, Brazil formally joined the Convention on Cybercrime ("Budapest Convention"), a multilateral international instrument that strengthens global cooperation in combating cybercrime.