Lula's Internet Decrees Prompt Legislative and Industry Challenge
They risk shifting regulatory power from Congress to the Presidency by turning judicial guidance into binding duties for digital platforms.
Overview
- The Presidency published two decrees on May 20–21 that update regulation under the Marco Civil da Internet and set directives to combat violence against women online.
- The rules impose concrete platform duties such as monitoring and moderation, removal after notifications, data preservation, mandatory complaint channels, and periodic reporting, and allow liability for systemic failures.
- Associations representing major tech companies sent a joint letter warning the decrees convert parts of a non‑unanimous Supreme Court decision into enforceable obligations and create legal uncertainty for firms operating in Brazil.
- Opposition lawmakers submitted Projects of Legislative Decree to annul the measures, and Senator Magno Malta formally filed PDLs on May 25; the challenges now await procedural referral to committees in both houses.
- If not overturned, the decree on protection of women will take effect 60 days after publication and could speed removal of intimate content for victims, while the measures also intersect with pending congressional bills and further legal review of the STF ruling.