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Brazil Issues Decrees Translating STF Ruling into Platform Rules

The measures give the ANPD authority to enforce new obligations for online platforms, leaving core legal questions unresolved.

Overview

  • President Luiz Inácio Lula da Silva published two decrees on May 21 that update regulation of the Marco Civil da Internet and set specific rules to combat digital violence against women.
  • The decrees assign the Agência Nacional de Proteção de Dados (ANPD) explicit supervisory and sanctioning powers including fines reported up to 10% of revenue plus suspension and prohibition of activity.
  • Trade groups representing major platforms issued a joint letter criticizing the executive route for converting a non‑final STF decision into binding obligations and warning of higher compliance costs and excess removals of content.
  • Opposition lawmakers filed legislative decrees to annul the texts and nine platform appeals to the STF were removed from the virtual docket by relator Dias Toffoli for judgment in a physical plenary, prolonging legal uncertainty.
  • Practical effects hinge on forthcoming ANPD rules and the court and congressional reviews, with risks concentrated on smaller providers, faster content takedowns, and disputed definitions such as 'falha sistêmica' and which crimes trigger platform duties.