Newsletter #005/2025 – Law and Technology

Newsletter (#005/2025) on Law and Technology by Campos Thomaz Advogados

Produced by Alan Campos Thomaz and Felipe Bizinoto

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Innovative Services

Specialized Digital Litigation
Online Fraud Contract Management
DPO & AI Ethics as a Service

Digital Platforms and Online Services

Brazil’s Supreme Court Reaches a Majority to Change the Safe Harbor provided in the Internet Act and Hold Digital Platforms Liable

Brazil’s Supreme Federal Court (STF) has reached a majority to partially strike down Article 19 of the country’s Internet Bill of Rights, a key provision that shields platforms from liability for third-party content unless they do not comply with a judicial takedown order. The shift could mark a significant change in Brazilian internet governance by allowing content to be removed preemptively and increasing pressure on platforms to police speech. With Justice Gilmar Mendes joining five other justices in favor of the change, the court now holds the votes needed to alter the current standard. Learn more.

Superior Court of Justice rules court orders must specify URLs for content removal

In a March 2025 decision, the Fourth Panel of Brazil’s Superior Court of Justice (STJ) addressed whether a search engine provider could be compelled to remove web pages referencing the claimant’s name without a court order explicitly listing the URLs to be taken down. Learn more.

Ministry of Justice Reclassifies Instagram as 16+ – Access to understand how Brazil’s Age Rating System works

On June 11, 2025, Brazil’s Ministry of Justice raised the age rating for Instagram from 14 to 16 years. The decision followed a routine analysis that identified content involving intense sexual activity, use of illicit drugs, and mutilation — elements deemed inappropriate for individuals under the age of 16. We have produced this article to explain how the age rating system works in Brazil. Learn more.

Brazilian Government Opens Public Consultation for National Submarine Cable Policy: Key Issues and Strategic Considerations

On May 13, 2025, Brazil’s Ministry of Communications launched a public consultation aimed at supporting the development of a National Submarine Cable Policy. Open until June 27, 2025, the process is hosted on the Participa Mais Brasil platform and seeks to gather technical, regulatory, and strategic insights from public and private sector stakeholders, as well as civil society. Learn more.

M&A, Investments, and Venture Capital

Our website offers essential materials for those who want to better understand M&A, Investments, and Venture Capital. Subscribe to our newsletter to stay up to date with the latest insights and analyses. Learn more.

Labor

Brazilian Supreme Court suspends “pejotization” cases nationwide

On April 14, 2025, Justice Gilmar Mendes of the Brazilian Supreme Federal Court (STF) has ordered a nationwide suspension of all legal proceedings concerning the legality of hiring freelancers or independent contractors through business entities – a practice known as “pejotization.” The decision responds to a surge in labor lawsuits questioning such contracts, which are prevalent in the gig economy. Mendes noted that the persistent disregard for STF precedents by labor courts has led to legal uncertainty and an overwhelming influx of appeals. Learn more.

FinTechs, Banks, Financial Services, and Virtual Assets

In our Newsletter #005/2025 on FinTechs, Banks, Financial Services, and Virtual Assets, we cover governance and risk assessment in artificial intelligence systems, regulatory updates, public consultations, and new resolutions issued by the Central Bank. Learn more.

Superior Court of Justice rules that creditor may notify fiduciary debtor by email

On April 23, 2025, the Fourth Panel of Brazil’s Superior Court of Justice (STJ) ruled that extrajudicial notification sent by email is valid if the creditor can prove it was received at the email address provided in the fiduciary sale agreement. This decision expands the legally recognized methods for establishing debtor default and embraces modern communication tools. Learn more.

Artificial Intelligence

In our Newsletter #005/2025 on Artificial Intelligence, we cover the progress in discussions on the AI Legal Framework, the ANPD’s guidelines on AI use and data protection, the launch of the National Artificial Intelligence Plan, Brazil’s advancements in AI according to a UN report, the National Data Center Policy and its role in the green economy, and the increased penalties for psychological violence involving the use of AI. Learn more.

OAB-RJ requests suspension of AI use in platform that drafts legal petitions

On May 20, 2025, the Rio de Janeiro chapter of the Brazilian Bar Association (OAB-RJ) filed a request with the Superior Court of Justice (STJ) to suspend a ruling that allowed the digital platform “Resolve Juizado” to continue operating. The request challenges the decision of the Federal Regional Court of the 2nd Region (TRF-2), which authorized the sale of legal petitions generated by artificial intelligence. Learn more.

Privacy and Data Protection

In our Newsletter #005/2025 on Privacy and Data Protection, we cover Campos Thomaz Advogados’ DPO as a Service offerings, the ANPD’s guidelines on AI use and data protection, the multimillion-euro fine imposed by the Irish Data Protection Commission on TikTok, the fines imposed by the European Commission on Meta and Apple, XP Inc.’s disclosure of a data breach involving an external provider, a ruling by the Labor Court holding companies liable for LGPD violations, a lawsuit filed by the Paraná Public Prosecutor’s Office over the misuse of facial biometrics, the National Data Center Policy, and an LGPD infographic. Learn more.

HealthTechs

Our website offers essential materials for those looking to better understand how Brazilian law addresses the topic of HealthTechs. Subscribe to our newsletter to stay updated with the latest developments and analyses. Learn more.

Sports Betting, E-Sports, and Gambling

Senacon and Sedcon-RJ Issue Technical Note on Risks in Fixed-Odds Betting Advertising

On June 2, 2025, Brazil’s National Consumer Secretariat (Senacon) and the Consumer Protection Secretariat of the State of Rio de Janeiro (Sedcon-RJ) released Joint Technical Note Sedcon-RJ and Senacon/DPDC/MJSP No. 01/2025 (“Joint Technical Note”), which had been previewed at an event in May. The document provides an overview of the current landscape of the fixed-odds betting market in light of consumer protection legislation and federal regulations, with a particular focus on advertising practices used by operators and third parties. Learn more.

Brazilian government advances online sports betting regulation with focus on safety and responsibility

On April 16, 2025, the Secretariat of Prizes and Betting (SPA) issued Ordinance SPA/MF No. 817, dated April 15, 2025. With this, it announced a new phase of regulation for online sports betting, as a continuation of the policy launched in 2024 by the Ministry of Finance. The plan outlines the gradual implementation of measures from the second quarter of 2025 through the end of 2026, structured around three strategic pillars: promoting responsible gambling, fostering a balanced regulatory environment, and strengthening national oversight. Learn more.

Tax

Our website offers essential materials for those seeking to better understand Brazil’s tax regimes, especially for technology companies. Subscribe to our newsletter to stay informed about the latest updates and analyses. Learn More.

Intellectual Property

INPI Increases Official Fees by Up to 49% Starting August 2025: Understand the Impacts and How to Prepare

On June 13, 2025, the Brazilian Patent and Trademark Office (INPI) published Ordinance INPI/PR No. 10/2025, which approves a new Fee Schedule for industrial property services. The new values will take effect on August 7, 2025, with increases ranging from 30% to 49% across most fees — the first update since 2012. Learn More.

Keep up with the latest updates and guidance on intellectual property protection with our exclusive guide, which offers comprehensive insights on safeguarding your company’s intellectual assets. Additionally, follow recent alerts, such as the impact of using trademarks as keywords in sponsored ads and the new INPI regulations on technology contracts. Learn More.

Media, Entertainment, and Digital Influencers

Follow current issues concerning the role of digital influencers in the market, including their participation in sectors like betting and the market regulated by B3. Understand the challenges and regulations surrounding this growing and impactful activity. Additionally, learn more about post-mortem image rights, an increasingly relevant subject in the legal and technological landscape. Learn More.

AgriTech

Our newsletter features an AgriTech Special covering key topics transforming agribusiness. Discover how agribusiness technologies impact civil liability, explore innovative financial products for the sector, and follow issues related to data and privacy, intellectual property, and the importance of ESG Finance in the context of AgTechs. The content also addresses the relevance of cultivars, M&A processes, investments, and venture capital in Brazilian agribusiness and corporate challenges in this segment. Learn More.