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.

Complementary Law 123 of 2006, amended by Complementary Law 147 of 2014, provides that the procurement of items up to 80.000 BRL (approx 15.000 USD) is exclusive to Brazilian micro and small enterprises (Art. 47 and 48). Besides, micro and small enterprises of Brazilian origin have certain preferences, such as the right to an extra bid if it offers a price 10% higher and a 25% set aside of the number of items in larger contracts of goods if they are divisible.
Art. 49 states that these provisions do not apply if (i) there is not a minimum of three competitive suppliers classified as micro-companies or small companies based locally or regionally and capable of fulfilling the requirements established in the invitation to bid; (ii) the differentiated and simplified treatment for micro and small companies is not advantageous for the public administration or represents damage to the set or complex of the object to be contracted.

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%

Art. 5 of Decree 7.174 of 12 May 2010 requires federal agencies and parastatal entities to give preferential treatment to domestically produced computer products and goods or services with technology developed in Brazil based on a price/technology matrix.

It is reported that Brazil mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.

According to Art. 26 of Law No. 14,133 of 2021, a margin of preference may be established for national manufactured goods and national services that comply with Brazilian technical standards. The normal margin may be up to 10% over the price of non-qualifying goods and services, while national goods and services resulting from development and technological innovation in Brazil may receive an additional margin, subject to a maximum combined preference of 20%. The preference may be extended to goods and services originating in Mercosur States where reciprocity is established by an approved and ratified international agreement. Decree No. 11,890 of 2024 regulates the mechanism, and CICS resolutions specify the products and applicable normal and additional margins.

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.

According to Art. 60 of Law No. 14,133 of 2021, where the primary tie-breaking criteria do not resolve a tie, preference is given successively to goods and services produced or supplied by enterprises established in the relevant State or Federal District, Brazilian enterprises, enterprises investing in research and technological development in Brazil, and enterprises demonstrating climate-change mitigation practices.

Brazil has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

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.

It is reported that the National Telecommunications Agency (Anatel), the executive body tasked with supervising and regulating services within the telecommunications sector, operates independently of the government in its decision‑making processes. Anatel is administratively and financially autonomous and is not hierarchically subordinate to any governmental authority. Its decisions are subject only to judicial review by the national courts.

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.

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.

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.

It is reported that data from the National Institute of Industrial Property (INPI) indicate that the average patent examination backlog is approximately 4.3 years, while certain sectors, including the telecommunications industry, experience average delays approaching six years. These delays are particularly significant given that Art. 40 of the Law on Industrial Property stipulates that an invention patent remains in force for a period of twenty years counted from the filing date, meaning that prolonged examination can markedly reduce the effective period of exclusive protection available to applicants.