Government issues rules for digital platforms
Brazil has taken another step in regulating the digital environment with the publication of Decrees #12,975/2026 and #12,976/2026. The new rules establish obligations for digital platforms concerning content moderation, risk management, and user protection. They also expand the role of the Brazilian Data Protection Agency (ANPD) in overseeing this ecosystem and strengthen transparency requirements and reporting mechanisms.
Set to take effect in July 2026, the new rules could directly impact technology companies operating in the Brazilian market.
Congress pushes back on the new platform decrees
The publication of Decrees #12,975/2026 and #12,976/2026 sparked an immediate reaction in Brazil’s Congress. Opposition representatives introduced Legislative Decree Projects (PDLs) aimed at suspending the effects of the new rules, arguing that the Executive Branch overstepped its authority by regulating issues related to content moderation and oversight of digital platforms. To suspend the decrees, the PDLs need to pass both the House of Representatives and the Senate
Critics include representatives aligned with the opposition to the Lula administration, who described the decrees as a potential interference with freedom of expression and argued that changes of this nature should be debated in Congress through specific legislation. The issue has also drawn attention from digital law experts and representatives of the tech sector, broadening the debate over the limits of the Executive Branch’s regulatory power.
Why it matters
Although the decrees have already been published and are scheduled to take effect on July 20, 2026, the new rules are already facing political and institutional challenges. The progress of the PDLs and Congress’s stance will be key factors in determining how and whether the new framework is implemented and sustained.
ANPD opens consultation on age assurance
On May 22, the ANPD launched a Call for Contributions to gather input on age verification and age assurance mechanisms in the digital environment. The initiative aims to collect technical and legal information to support future regulatory actions related to protecting children and adolescents online. The Call will remain open until July 9, 2026.
Its goal is to update the Preliminary Guidelines on the subject, published by the ANPD in March 2026, in order to provide general guidance on implementing reliable age assurance mechanisms.
Why it matters
The consultation allows the public, government agencies, and private entities to contribute feedback and suggestions on one of the most important topics under the Statute Digital for Children and Adolescents (Digital ECA).
Government strengthens child protection agenda
The month was also marked by the creation of the Intersectoral Committee for the Implementation of the Digital ECA by the Ministry of Human Rights and Citizenship; the 347th Ordinary Assembly of the National Council for the Rights of Children and Adolescents (Conanda), which discussed actions to protect children and adolescents in the digital environment; and meetings between Conanda, civil society organizations, and the Senate Presidency to address measures to combat online sexual violence against children and adolescents. The topic was also present in debates at the Brazilian Internet Forum, which brought together government, business, academic, and civil society representatives to discuss child protection, digital regulation, and platform responsibility.
In addition, throughout the month, the ANPD published its 2025 Integrated Management Report, called up newly approved candidates from a selection process, requested authorization to hold a public exam to fill 200 positions, and took part in debates on artificial intelligence and data protection.
Why it matters
The developments observed over the course of the month point to a growing effort by public authorities to strengthen the protection of children and adolescents in the digital environment, through coordination among different government bodies, participatory bodies, and civil society representatives. At the same time, initiatives such as the publication of the Integrated Management Report, the calling up of approved candidates, and the request to hold a public exam demonstrate the ongoing institutional strengthening of the ANPD.
ANPD discusses AI incident monitoring and advances regulatory sandbox
On May 14, the ANPD joined a workshop held at the University of São Paulo to discuss mechanisms for monitoring and reporting incidents involving artificial intelligence systems. This topic is gaining traction across multiple jurisdictions.
The authority also advanced discussions on the Artificial Intelligence Regulatory Sandbox pilot project, an initiative developed in partnership with the Brazilian Internet Steering Committee (CGI.br) to test regulatory approaches in a controlled environment.
At the same time, the debate over AI regulation was shaped by statements from the Executive Secretary of the Ministry of Finance, Dario Durigan, who argued that Bill #2,338/2023, which deals with Brazil’s AI regulatory framework, should adopt a risk-based classification for applications, similar to the approach taken by the EU AI Act. According to him, this model would allow stricter transparency, control, and accountability requirements for higher-risk uses, such as those involving human genetics and identity recognition, while providing simpler rules for lower-impact applications like gaming and entertainment.
Why it matters
These initiatives indicate that Brazil is making progress in building concrete governance mechanisms for AI systems, with a focus on risk management, impact monitoring, and the responsible development of technology.
Senate advances cybercrime bills and TSE reinforces measures against abusive use of AI in elections
On May 6, the Senate’s Science and Technology Committee approved Bill #613/2021, which updates Brazil’s cybercrime legislation, creates new criminal offenses related to attacks on data and computer systems, and increases penalties for conduct carried out in the digital environment. The bill now moves to the Constitution and Justice Committee for review.
Progress was also made on initiatives aimed at protecting vulnerable groups online, including the advancement of Bill #177/2024 (attached to Bill #349/2024) in the House of Representatives. This bill calls for educational campaigns on digital crimes committed using artificial intelligence, with a special focus on protecting children and adolescents. The House’s Finance and Taxation Committee and the Constitution, Justice, and Citizenship Committee will now review it.
On the electoral front, the President of the Superior Electoral Court (TSE), Justice Nunes Marques, advocated for stronger mechanisms to combat deepfakes, disinformation, and other forms of abusive use of artificial intelligence in the 2026 elections. The Justice highlighted measures already adopted by the Court for the upcoming election, particularly Rule #23,755/2026, which establishes new rules for electoral advertising and imposes duties on digital platforms. These include mandatory labeling of AI-generated content, the creation of reporting channels, removal of content within less than 24 hours, and the development of a compliance plan to prevent and mitigate risks to the integrity of the electoral process.
Why it matters
The combination of new cybercrime bills and the strengthening of measures addressing the use of artificial intelligence in the electoral context signals growing concern among Brazilian authorities about digital security, information integrity, and accountability online. These topics are likely to remain at the center of the regulatory agenda through the 2026 elections.
What to expect in the coming months
The implementation of the new platform decrees and the congressional response are expected to remain among the top issues on Brazil’s regulatory agenda.
Also worth watching are the ANPD’s next steps on topics such as child and adolescent protection, age assurance, and artificial intelligence, as well as the progress of legislative discussions on cybercrime and digital integrity.
For technology companies, keeping up with these developments will be essential to anticipate regulatory risks, assess operational impacts, and adapt compliance strategies in a rapidly evolving regulatory environment.
