BRAZIL
Since July 1997
Since April 2015
Since October 2017
Since April 2015
Since October 2017
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
General Telecommunications Law No. 9.472/1997 (Lei Geral das Telecomunicações No. 9.472/1997)
Law No. 13.116/2015 (Lei No. 13.116/2015)
Regulation for Sharing Support Infrastructure to the Provision of Telecommunications Services (Regulamento de Compartilhamento de Infraestrutura de Suporte à Prestação de Serviço de Telecomunicações)
Law No. 13.116/2015 (Lei No. 13.116/2015)
Regulation for Sharing Support Infrastructure to the Provision of Telecommunications Services (Regulamento de Compartilhamento de Infraestrutura de Suporte à Prestação de Serviço de Telecomunicações)
Brazil has established an obligation for passive infrastructure sharing to deliver telecom services to end users. In addition, passive infrastructure sharing is practised in the mobile sector and in the fixed sector. According to Art. 73 of Law No. 9.472/1997, telecom service providers of collective interest have the right to use posts, ducts, conduits, and easements owned or controlled by a provider of telecom services or other services of public interest in a non-discriminatory manner and at fair and reasonable prices and conditions. On the other hand, Law No. 13.116/2015 establishes general rules for the implementation and sharing of telecommunications infrastructure. Additionally, Resolution No. 683/2017 of the "Agência Nacional de Telecomunicações" (Anatel, National Telecommunications Agency) approved the Regulation for Sharing Support Infrastructure to the Provision of Telecommunications Services, which aims to discipline the sharing of infrastructure.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231111150045/http://www.planalto.gov.br/ccivil_03/leis/l9472.htm
- https://web.archive.org/web/20231204160552/http://www.planalto.gov.br/ccivil_03/_Ato2015-2018/2015/Lei/L13116.htm
- https://web.archive.org/web/20220812160321/https://informacoes.anatel.gov.br/legislacao/resolucoes/2017/949-resolucao-683
- https://web.archive.org/web/20221208163709/https://www.oecd-ilibrary.org/sites/1343f784-en/index.html?itemId=/content/component/1343f784-en
- https://www.azevedosette.com.br/news/en/telecoms-infrastructure-iii-network-sharing-neutral-network/5986
- https://datahub.itu.int/data/?i=100014
- https://web.archive.org/web/20260202181404/https://app.gen5.digital/tracker/country-cards/Brazil
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BRAZIL
Reported in 2022, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Reported government ownership in the telecom sector
It is reported that the federal government of Brazil owns 96.3% of the shares in the telecommunications company Telecomunicações Brasileiras S.A. (Telebras). The federal government directly holds 92.43% of the total, the Financiadora de Estudos e Projetos (FINEP), an entity of the federal government, owns 3.74%, and Banco do Brasil S.A., a bank under federal governmental control, holds 0.11%
Coverage Telecommunications sector
BRAZIL
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Brazil mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
BRAZIL
Reported in 2022, last reported in 2025
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Discrimination of foreign satellite operators
It is reported that although Brazil permits Brazilian-owned entities to acquire the exclusive right to operate a satellite and its associated frequencies from specific positions, foreign-licensed satellite operators may obtain only a non-exclusive right (a landing right) to provide service in Brazilian territory. The National Telecommunications Agency (ANATEL) grants these landing rights for a fixed term of no longer than 15 years, after which the operator must reacquire the landing rights in order to continue providing services. Foreign operators are also required to pay higher annual landing fees than Brazilian firms.
Coverage Satellite operators
BRAZIL
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Brazil has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
BRAZIL
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Brazil is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA); however, it has held observer status since October 2017.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230419100610/https://e-gpa.wto.org/en/Agreement/Latest
- https://www.wto.org/english/tratop_e/gproc_e/memobs_e.htm
- https://www.gov.br/mdic/pt-br/assuntos/comercio-exterior/noticias/2021/fevereiro/oferta-inicial-brasileira-para-adesao-ao-acordo-sobre-contratacoes-governamentais
- https://www.gov.br/mre/en/contact-us/press-area/press-releases/brazil-withdraws-offer-to-accede-to-the-wto-government-procurement-agreement
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BRAZIL
Since October 1988, last amended in December 2023
Since December 2002
Since December 2002
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Constitution of the Federative Republic of Brazil (Constituição da República Federativa do Brasil)
Law No. 10.610 of 20 December 2002 - Provides for Foreign Capital Share in Journalistic, Image and Sound Broadcasting Companies, as per § 4 of Article 222 of the Constitution; Amends Articles 38 and 64 of Law No. 4,117 of 27 August 1962, § 3 of Article 12 of Decree-Law No. 236 of 28 February 1967; and Provides Other Measures (Lei No. 10.610 de 20 de dezembro de 2002 - Dispõe Sobre a Participação de Capital Estrangeiro nas Empresas Jornalísticas e de Radiodifusão Sonora e de Sons e Imagens, Conforme o § 4o do Art. 222 da Constituição; Altera os Arts. 38 e 64 da Lei No. 4.117, de 27 de agosto de 1962, o § 3o do Art. 12 do Decreto-Lei No. 236, de 28 de fevereiro de 1967; e Dá Outras Providências)
Law No. 10.610 of 20 December 2002 - Provides for Foreign Capital Share in Journalistic, Image and Sound Broadcasting Companies, as per § 4 of Article 222 of the Constitution; Amends Articles 38 and 64 of Law No. 4,117 of 27 August 1962, § 3 of Article 12 of Decree-Law No. 236 of 28 February 1967; and Provides Other Measures (Lei No. 10.610 de 20 de dezembro de 2002 - Dispõe Sobre a Participação de Capital Estrangeiro nas Empresas Jornalísticas e de Radiodifusão Sonora e de Sons e Imagens, Conforme o § 4o do Art. 222 da Constituição; Altera os Arts. 38 e 64 da Lei No. 4.117, de 27 de agosto de 1962, o § 3o do Art. 12 do Decreto-Lei No. 236, de 28 de fevereiro de 1967; e Dá Outras Providências)
Art. 222 of the Brazilian Constitution stipulates that a minimum of 70% of the total voting capital of news companies must be held, either directly or indirectly, by native Brazilians or by individuals who have been naturalised Brazilians for over ten years. Furthermore, Art. 2 of Law No. 10.610/2002 also restricts foreign ownership to no more than 30% of the capital stock and voting capital of news companies. It should be noted that neither the Constitution nor the Law defines what constitutes a news company.
Coverage News companies
BRAZIL
Since October 1988, last amended in December 2023
Since December 2002
Since December 2002
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Constitution of the Federative Republic of Brazil (Constituição da República Federativa do Brasil)
Law No. 10.610 of 20 December 2002 - Provides for Foreign Capital Share in Journalistic, Image and Sound Broadcasting Companies, as per § 4 of Article 222 of the Constitution; Amends Articles 38 and 64 of Law No. 4,117 of 27 August 1962, § 3 of Article 12 of Decree-Law No. 236 of 28 February 1967; and Provides Other Measures (Lei No. 10.610 de 20 de dezembro de 2002 - Dispõe Sobre a Participação de Capital Estrangeiro nas Empresas Jornalísticas e de Radiodifusão Sonora e de Sons e Imagens, Conforme o § 4o do Art. 222 da Constituição; Altera os Arts. 38 e 64 da Lei No. 4.117, de 27 de agosto de 1962, o § 3o do Art. 12 do Decreto-Lei No. 236, de 28 de fevereiro de 1967; e Dá Outras Providências)
Law No. 10.610 of 20 December 2002 - Provides for Foreign Capital Share in Journalistic, Image and Sound Broadcasting Companies, as per § 4 of Article 222 of the Constitution; Amends Articles 38 and 64 of Law No. 4,117 of 27 August 1962, § 3 of Article 12 of Decree-Law No. 236 of 28 February 1967; and Provides Other Measures (Lei No. 10.610 de 20 de dezembro de 2002 - Dispõe Sobre a Participação de Capital Estrangeiro nas Empresas Jornalísticas e de Radiodifusão Sonora e de Sons e Imagens, Conforme o § 4o do Art. 222 da Constituição; Altera os Arts. 38 e 64 da Lei No. 4.117, de 27 de agosto de 1962, o § 3o do Art. 12 do Decreto-Lei No. 236, de 28 de fevereiro de 1967; e Dá Outras Providências)
The Federal Constitution, in Art. 222, states that editorial responsibility and the activities regarding selection and management of the programming to be disseminated shall be carried out exclusively by native Brazilians or those naturalised for more than 10 years in any social communication medium. It also adds that electronic social communication media, regardless of the technology used to deliver the service, shall comply with the principles stipulated in Art. 221, as provided by specific legislation, shall also ensure priority to Brazilian professionals in producing Brazilian programs.
This is reiterated in Law 10.610/2002, which establishes that the control and management of broadcasting companies and news companies must be exercised exclusively by Brazilians, born or naturalised, for more than 10 years.
This is reiterated in Law 10.610/2002, which establishes that the control and management of broadcasting companies and news companies must be exercised exclusively by Brazilians, born or naturalised, for more than 10 years.
Coverage Electronic social communication media
Sources
- https://web.archive.org/web/20240113235507/https://www2.senado.leg.br/bdsf/bitstream/handle/id/243334/Constitution_2013.pdf?sequence=11
- https://web.archive.org/web/20240415145856/https://www.planalto.gov.br/ccivil_03/Leis/2002/l10610.htm
- https://assets.contentstack.io/v3/assets/blt3de4d56151f717f2/bltfc179da7fbec29f4/5f3307431967337e7590d563/Lexology_Getting_The_Deal_Through_-_Telecoms_&_Media_2020.pdf
- https://uk.practicallaw.thomsonreuters.com/7-570-8027?transitionType=Default&contextData=(sc.Default)&firstPage=true#co_anchor_a810339
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BRAZIL
Since May 1996
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 9.279, of 14 May 1996, which Regulates Rights and Obligations Relating to Industrial Property (Lei No. 9.279, de 14 de maio de 1996, que regula direitos e obrigações relativos à propriedade industrial)
Art. 217 of Law No. 9.279 stipulates that any person domiciled abroad must appoint and maintain a duly qualified attorney domiciled in Brazil, vested with powers to represent them in administrative and judicial matters, including the authority to receive service of process. This requirement also applies specifically to those engaged in the patent application process.
Coverage Horizontal
BRAZIL
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.49%
Coverage rate of zero-tariffs on ICT goods (%)
24.23%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
BRAZIL
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Brazil is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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BRAZIL
Since December 2007, until November 2029
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Resolution No. 66, dated 11 December 2007 (Resolução No. 66, 11.12.2007)
In December 2007, the Brazilian authorities resolved, under Resolution No. 66, to impose a definitive anti-dumping duty on imports of loudspeakers (HS codes 8518.2100, 8518.2200, and 8518.2990) originating from China. This measure was subsequently reviewed and renewed in November 2013, and again in November 2019 and November 2025, each time for a further five-year period. The applicable duty rate is an ad valorem charge amounting to 78.3% of the CIF value.
Coverage Product: Loudspeakers (HS Codes 8518.21.00, 8518.22.00, and 8518.29.90)
Country: China
Country: China
Sources
- https://www.gov.br/mdic/pt-br/assuntos/comercio-exterior/defesa-comercial-e-interesse-publico/medidas-em-vigor/medidas-em-vigor
- https://web.archive.org/web/20260203154537/https://www.gov.br/mdic/pt-br/assuntos/comercio-exterior/defesa-comercial-e-interesse-publico/investigacoes/investigacoes-de-defesa-comercial/alto-falantes-r...
- http://i-tip.wto.org/goods/Forms/TableViewDetails.aspx?mode=modify
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BRAZIL
Since December 2025, until December 2030
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
GECEX Resolution No. 837 of 19/12/2025 (Resolução GECEX Nº 837 DE 19/12/2025)
Under Resolution No. 837, the Brazilian authorities have imposed a definitive anti‑dumping duty on imports of certain fibre‑optic cables (HS subheading 8544.70.10) originating from China. The duty applicable to imports from China has been established at USD 2.42 per kilogram. This definitive measure shall remain in force for a period of five years.
Coverage Product: Certain fibre‑optic cables (HS subheading 8544.70.10)
Country: China
Country: China
BRAZIL
Since December 2025, until December 2030
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
GECEX Resolution No. 829 of 19/12/2025 (Resolução GECEX No. 829 DE 19/12/2025)
Under Resolution No. 829, the Brazilian authorities imposed a definitive anti‑dumping duty on imports of certain optical fibres (HS subheading 9001.10.11) originating from China. The duty applicable to imports from China has been set at USD 47.46 per kilogram. This definitive measure will remain in force for a period of five years.
Coverage Product: Certain optical fibers (HS code 9001.10.11)
Country: China
Country: China
