backText published in the newspaper Valor Econômico on January 28, 2026, available at: Streaming Regulation in Brazil / Legislation / Valor Econômico (only Portuguese)
Streaming Regulation in Brazil
Juliana Sene Ikeda and Ricardo Barretto, attorneys specialized in digital law. Partners at Campos Thomaz Advogados
In early November, the Brazilian Chamber of Deputies concluded the voting on Bill No. 2,331/2022, which incorporated Bill No. 8,889/2017 (the “Streaming Bill”). These legislative texts aim to regulate video-on-demand (VoD) services and streaming platforms in Brazil, such as Netflix and Amazon, for example. Approved through a symbolic vote and with its main text validated, the bill was forwarded to the Federal Senate, which will be responsible for the final decision regarding the approved substitute text.
In this same context, reinforcing the importance and urgency of the matter, in mid-December the Government’s Secretariat of Social Communication issued an official note in which Senator Eduardo Gomes (PL–TO), rapporteur of the bill under debate, reiterated five points considered central to the construction of a modern regulatory framework. These are: (1) the definition of a unified 3% rate for the Condecine-streaming contribution; (2) the maintenance of the Condecine-Remittance mechanism (related to financing Brazilian audiovisual production); (3) the exclusion of the possibility of reinvestment in content classified as “original,” ensuring that the collected funds are directed toward fostering independent Brazilian production; (4) the establishment of a minimum quota of 10% national content; and (5) the provision of a minimum nine-week window between the commercial release of films in theaters and their availability on video-on-demand platforms.
The Streaming Bill emerged from a longstanding discussion promoted by the national industry: the need to protect Brazilian audiovisual production. The proposed taxation seeks to level the business environment, compensate for the absence of specific regulation until now, and generate revenue or incentives for the national audiovisual sector. Nevertheless, despite its well-intentioned purpose, the bill has been criticized on different fronts. There is concern that the contribution will be passed on to the final consumer, resulting in increased subscription fees or a so-called “streaming tax.”
From the perspective of market freedom, there are fears regarding the regulation of platforms that already operate globally, potentially generating additional costs, regulatory complexity, and barriers to entry. Discussions also include the criteria for catalog calculation, what qualifies as a “Brazilian work,” and enforcement and sanctions in case of noncompliance—issues that may still be subject to adjustments in the Senate.
The text approved by the Chamber of Deputies was forwarded to the Federal Senate in November 2025 for deliberation. At this final stage of Senate proceedings, there is no procedural possibility of introducing entirely new content—the final text may only result from the total or partial incorporation of provisions already contained in Bills No. 2,331/2022 and No. 8,889/2017. However, it is still possible that the Senate will amend the Chamber’s substitute text, creating a new version that would return to the Chamber for further deliberation. This means that even with Chamber approval, the debate is far from over.
According to the Senate Agency, on January 16, 2026, the Streaming Bill may be one of the highlights on the Senate’s agenda as legislative activities resume after recess. The Chamber’s substitute text returned for Senate review with modifications that have been criticized by several sectors involved. In the pursuit of sustainability for national audiovisual production, lawmakers are attempting to resolve points of divergence.
If enacted as approved, the Streaming Bill will produce both positive and negative effects, as it will impose greater regulatory costs on both international and national platforms, associated with the contributions provided for and the need to adapt to content quota requirements.
Thus, despite the potential stimulus for Brazilian audiovisual production, there is a possibility that part of these costs will be passed on to streaming service users, which may lead to price increases or changes in service offerings.
In summary, the Streaming Bill represents a significant step in regulating streaming services in Brazil. By combining taxation, national content quotas, and the maintenance of incentive mechanisms, the text seeks to balance support for domestic production with the modernization of the regulatory framework for digital video platforms.
However, like any regulation affecting a dynamic and globalized sector, it brings implications that require close monitoring—from defining the criteria for calculating the contribution to the effective implementation of quotas, as well as impacts on pricing, service offerings, and competitiveness.
As the Federal Senate reviews the text, stakeholders—platforms, producers, content creators, and consumers—should prepare to influence the discussion and follow developments closely. The final enacted version will shape Brazil’s streaming landscape in the coming years: who produces, who distributes, how remuneration is structured, and the role of national culture in an era of globalized audiovisual content.
Ultimately, this legislation raises profound questions: cultural sovereignty, global competitiveness, inclusion of regional production, consumer costs, and the balance between regulation and innovation. When the President of the Republic sanctions or vetoes the bill—or parts of it—we will know which path the country has chosen for the audiovisual sector in the streaming era.
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