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BRAZIL

Since June 1999, last amended in June 2024
Since September 2017

Pillar Online sales and transactions  |  Indicator Limits on e-commerce purchases
Ministerial Ordinance No. 156/1999 - Ministry of Finance (Portaria Ministerial No. 156/1999 - Ministério da Fazenda)

Normative Instruction 1737 of 15 September 2017 of the Federal Revenue Secretariat (Instrução Normativa 1737 de 15 de setembro de 2017 da Secretaria da Receita Federal)
The Brazilian Government charges a flat 60% duty for all express shipments imported through the Simplified Customs Clearance process. Moreover, Brazilian Customs have established express services maximum per-shipment value limits of USD 3,000 for imports, according to Art. 1 of Ministerial Ordinance 156/1999. This is reported to affect particularly online sales.
Coverage Express shipments

BRAZIL

Since August 2014

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Interpretative Act No. 7 of August 2014 (Ato Declaratório Interpretativo No. 7, de 2014)
The Interpretative Act No. 7 of August 2014, issued by the Brazilian Federal Revenue Secretariat (Receita Federal do Brasil – RFB), deals with the taxation of cross-border payments for data centres outside Brazil. It applies to all amounts paid, credited, delivered or remitted by individuals or legal entities resident or domiciled in Brazil to companies headquartered abroad that are identified as offshore data centres.
According to the Act, when the Brazilian source of payment hires offshore data centres for the use of infrastructure for storage and remote high-performance data processing systems, the transactions are deemed to be typical provision of services and cannot be characterised as rental of movable assets for tax purposes. The consequence of this interpretation is that the use of offshore data centres triggers the following federal taxes in Brazil:
- Withholding income tax (Imposto sobre a Renda Retido na Fonte – IRFF) at the rate of 15% or 25% whenever the recipient is located in a tax haven jurisdiction;
- Cide-royalties contribution (Contribuição de Intervenção no Domínio Econômico destinada a financiar o Programa de Estímulo à Interação Universidade-Empresa para o Apoio à Inovação – Cide-royalties), at the rate of 10%;
- PIS-importation contribution (Contribuição para o PIS/Pasep-Importação) at the rate of 1.65%;
- Cofins-importation contribution (Contribuição para o Cofins-Importação) at the rate of 7.6%; and
- IOF (Imposto sobre Operações de Câmbio), which is the financial tax levied on the foreign exchange transaction, at the rate of 0.38%.
Coverage Online payments

BRAZIL

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Brazil does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

BRAZIL

Since November 2008

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Resolution of the Internet Steering Committee No. 2008/008/P (Resolução do Comitê Gestor da Internet No. 2008/008/P)
Foreign companies can register a domain ".br" after the conclusion of a special registration, which requires a local legal representative and a declaration that the company will establish activities in Brazil within 12 months from the registration, according to Art. 6 of the Resolution of the Internet Steering Committee 2008/008/P.
Coverage Horizontal

BRAZIL

Since August 2009

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Resolution of the Director's Board of the National Agency for Health Surveillance No. 44/2009 (Resolução da Diretoria da Agência Nacional de Vigilância Sanitária No. 44/2009)
Online pharmacies must have "com.br" or "far.br" domains. Moreover, according to Art. 53.2 of Resolution of the Director's Board of the National Agency for Health Surveillance 44/2009, Internet pharmacies are permitted in Brazil only if the Internet pharmacy is the website component of a licensed Brazilian brick-and-mortar pharmacy,
Coverage Online pharmacies

BRAZIL

Reported in 2022, last reported in 2025

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Reported enforcement of local representative requirements
In recent years, Brazilian courts have issued several high‑profile decisions requiring foreign technology companies to appoint a local representative. The most notable cases are the following: (1) in 2022, when a proposed ban on Telegram did not ultimately take effect after the platform swiftly complied with judicial orders to designate a local legal representative; (2) in 2024, when the Supreme Court ordered the blocking of X due to its failure to appoint a domestic representative, a measure later lifted once the company adhered to the Court’s ruling; and (3) in 2025, when the Supreme Court similarly ordered the blocking of Rumble on the basis that the platform had not designated a local representative.
Coverage Social media platforms

BRAZIL

Since September 1990
Since March 2013

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 8.078/90 - Consumer Protection Act (Lei No. 8.078/90 - Código de Defesa do Consumidor)

Decree No. 7.962, of 15 March 2013 - Law on Electronic Commerce Contracts (Decreto No. 7.962, de 15 de março de 2013 - Lei de Contratação no Comércio Eletrônico)
The Consumer Protection Act and the Law on Electronic Commerce Contracts provide a comprehensive framework for consumer protection that also applies to online transactions. Decree No. 7.962 includes specific obligations that apply to e-commerce purchases of goods and services that do not apply to traditional retailing. The Decree sets out obligations for e-commerce sites, such as providing a contract before purchase, supporting consumer service, answering consumer demands within five days, and ensuring the right to regret of the consumer. The right to regret was originally established by Art. 49 of Law 8.078. It allows for the cancellation of acquisitions made outside commercial establishments within seven days from the acquisition or receipt of product/service. It is, thus, applicable to other forms of distance sales as well.
Coverage Horizontal

BRAZIL

Since April 2014

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Law No. 12,965 of 2014 - Civil Rights Framework for the Internet (Lei No. 12.965 de 2014 - Marco Civil da Internet)
The Civil Rights Framework for the Internet law establishes a safe harbour regime for intermediaries for copyright infringements. Art. 18 states that “the Internet connection provider shall not be subject to civil liability for content generated by third party”. Art. 19, which addresses Internet application providers (excluding connection providers), states that “in order to ensure freedom of expression and to prevent censorship, an Internet application provider shall only be subject to civil liability for damages caused by virtue of content generated by third parties if, after specific court order, it does not take action, according to the framework and technical limits of its services and within the time-frame ordered, to make the infringing content unavailable.”
It is reported that, in 2025, the Supreme Court found aspects of Art. 19 to be unconstitutional. Consequently, responsibility now lies with the National Congress to draft comprehensive and technically robust legislation.
Coverage Internet intermediaries

BRAZIL

Since April 2014

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 12,965 of 2014 - Civil Rights Framework for the Internet (Lei No. 12.965 de 2014 - Marco Civil da Internet)
The Civil Rights Framework for the Internet law establishes a safe harbour regime for intermediaries beyond copyright infringements. Art. 18 states that “the Internet connection provider shall not be subject to civil liability for content generated by third party”. Art. 19, which addresses Internet application providers (excluding connection providers), states that “in order to ensure freedom of expression and to prevent censorship, an Internet application provider shall only be subject to civil liability for damages caused by virtue of content generated by third parties if, after specific court order, it does not take action, according to the framework and technical limits of its services and within the time-frame ordered, to make the infringing content unavailable.”
It is reported that, in 2025, the Supreme Court found aspects of Art. 19 to be unconstitutional. Consequently, responsibility now lies with the National Congress to draft comprehensive and technically robust legislation.
Coverage Internet intermediaries

BRAZIL

Since July 2003

Pillar Intermediary liability  |  Indicator User identity requirement
Law No. 10.703 on the Registration of Prepaid Mobile Phone Users and Other Provisions (Lei No. 10.703, Dispõe sobre o Cadastramento de Usuários de Telefones Celulares Pré-Pagos e Dá Outras Providências)
According to Art. 1 of Law 10.703, it is the responsibility of prepaid telecommunications service providers operating in the national territory to have an updated register of users. The registration, in addition to the full name and address, must contain, in the case of natural persons, the identity card number or registration number in the registry of the Ministry of Finance.
Coverage Telecommunications sector

BRAZIL

Reported in 2025

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Reported social media blocking
In February 2025, the Supreme Court ordered the blocking of the social media platform Rumble, citing the platform’s failure to appoint a local representative and its refusal to restrict certain accounts.
Coverage Rumble

BRAZIL

Reported in 2012, last reported in 2025

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
Import ban on used ICT goods
Brazil generally prohibits the importation of used consumer goods, including information and communications technology (ICT) products. However, Ordinance No. 23/2011 of the Secretariat of Foreign Trade (SECEX) provides a list of exceptions, covering more than 25 categories of used goods that may be authorised for importation under specific conditions.
Coverage Used ICT goods

BRAZIL

Since July 2011

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Ordinance No. 23, of 14 July 2011, of the Secretary of Foreign Trade (Portaria No. 23, de 14 de julho de 2011, da Secretaria de Comércio Exterior)
According to Arts. 41 and No. 42 of Ordinance 23 of July 2011 of the Secretary of Foreign Trade, the importation of used machinery, equipment, devices, instruments, moulds, and containers are prohibited unless these used goods are not produced in the country or are irreplaceable by other similar products manufactured in the country.
Coverage Used computer and used telecommunications products

BRAZIL

Signed in November 2018, entry into force January 2022
Signed in April 2021, entry into force in August 2023

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Chile - Brazil Bilateral Trade Agreement (Brazil Chile FTA)

Mercosur Agreement on Electronic Commerce (Acuerdo sobre Comercio Electrónico del Mercosur)
Brazil has joined two agreements with binding commitments to open data transfers across borders: the Chile-Brazil Bilateral Trade Agreement (Art. 10.12), and the Mercosur E-commerce Agreement (Art. 7.2).
Coverage Horizontal

BRAZIL

Since August 2018, entry into force in September 2020

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 13.709 of 14 August 2018 - General Personal Data Protection Law (Lei No. 13.709, de 14 de agosto de 2018 - Lei Geral de Proteção de Dados Pessoais)
The Personal Data Protection Law provides a framework for comprehensive data protection in Brazil. It applies to the treatment of personal data, including through digital means, by natural or juridical persons of a public or private nature. The law applies regardless of the country of origin of the person and the country where data is located provided that: data treatment is made in the national territory; or data treatment activities aims at the supply of goods or services or data treatment of individuals located in the national territory; or data has been collected in the national territory.
Coverage Horizontal

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