backNewsletter (#010/2025) on Law and Technology by Campos Thomaz Advogados
Produced by Alan Campos Thomaz and Josie Kabata
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Digital Platforms and Online Services
Video Platforms Call for Access to Brazil’s Audiovisual Fund as Senate Debates Streaming Bill
Major video-sharing platforms are sounding the alarm as Brazil’s streaming regulation bill moves to the Senate, fearing that compromises secured in the House of Representatives may be undone. Their main concern is that lawmakers could ignore the fundamental differences between curated video-on-demand services and open platforms where content is uploaded freely. The companies argue that only services with editorial control should be taxed or regulated in the same way, noting that roughly 85% of the audience on sharing platforms already consumes local content, which they say demonstrates their contribution to Brazil’s creative ecosystem. Learn more.
ABTA criticizes streaming regulation bill, warning of risks to Brazil’s audiovisual industry
The Brazilian Pay TV Association (ABTA) has raised concerns over a new report by Congressman Doutor Luizinho on Bill 8.889/2017, which aims to regulate streaming services in Brazil. According to the organization, the proposal could harm local audiovisual production, limit content diversity, and disrupt fair competition in the market. ABTA criticized the bill for introducing double taxation on pay-TV operators that also provide streaming content, as well as for creating regulatory imbalances by applying different tax rates to streaming platforms and content-sharing services. Learn more.
New streaming bill sets rules for device makers but leaves smartphones out of the regulations
The new draft of Bill 8.889/2017, introduced by Congressman Doutor Luizinho, requires electronic device manufacturers to treat all audiovisual services and content equally, ensuring fair competition and avoiding practices that favor specific providers. However, the proposal exempts portable devices used for personal mobile services—such as smartphones, AI-powered glasses, and other handheld gadgets—from these obligations. In practice, the rule would mainly apply to Smart TVs, which are designed for audiovisual consumption and would be required to provide direct access to public communication platforms and broadcast services. Learn more.
M&A, Investments, and Venture Capital
Banco do Brasil expands funding and broadens BB Ventures’ focus to boost innovation from 2026 onward
Banco do Brasil has announced a 300-million-real increase to the capital allocated to BB Ventures, its Corporate Venture Capital program, bringing the total investment capacity to up to 500 million reais starting in 2026. Along with the additional funding, the bank will broaden the program’s scope to include new priority areas such as bioeconomy, ESG-driven initiatives, and projects centered on diversity, equity, and inclusion. Learn more.
Labor
Brazil’s Supreme Court reaches majority on new rules for union fees and sets limits on how workers can be charged
Brazil’s Supreme Court has formed a majority to establish clearer rules for charging the “contribuição assistencial,” a fee paid to unions. Although the Court had already decided in 2023 that the fee could be required from all workers in a professional category, including those who are not union members, the justices are now refining the boundaries of that decision. They agree that the fee cannot be applied retroactively, that workers must be free to oppose the charge without pressure, and that the amount must be reasonable and aligned with the economic conditions of the category. Learn more.
Brazil’s Supreme Court postpones ruling on employment status of app-based drivers and couriers to 2026
The Supreme Federal Court has postponed until 2026 the ruling that will determine whether drivers and couriers working for platforms such as Uber and Rappi should be legally recognized as employees. The case was scheduled to resume on December 3 but was withdrawn from the agenda by the Court’s president, Justice Edson Fachin, who had already suspended the trial in October after oral arguments to allow for deeper analysis and the submission of additional documents. Learn more.
FinTechs, Banks, Financial Services, and Virtual Assets
STJ to decide whether consumers must seek an out-of-court solution before suing suppliers
Brazil’s Superior Court of Justice is set to determine whether consumers must prove they attempted to resolve a dispute outside of court before filing a lawsuit against a product or service provider. The case, taken up under the system of binding precedents, carries major consequences because it could affect millions of actions involving banks, telecom companies, utilities, airlines and large retailers. The controversy began when the Minas Gerais State Court ruled that consumers could only sue after first trying to resolve the issue through channels such as customer service, Procon, consumer.gov or regulatory agencies. The state prosecutor’s office disagrees, arguing that such a requirement does not exist in procedural law and that any violation of a consumer right is sufficient to allow immediate access to the courts. Learn more.
STJ halts ruling on when consumers are entitled to double refunds for improper charges
Brazil’s Superior Court of Justice has paused its analysis of when consumers can claim double refunds for amounts charged improperly. The case is being reviewed under the binding-precedent procedure, meaning the final decision will guide all lower courts. So far, two justices have voted, both reaffirming the Court’s established position that double refunds are owed whenever an improper charge violates the duty of good faith, with no need to prove intentional misconduct by the supplier. Learn more.
Artificial Intelligence
Court allows AI-powered petition platform to operate and rejects OAB-RJ request
A federal judge in Rio de Janeiro, Jhonny Kenji Kato, has rejected a request from the OAB-RJ to shut down the platform Resolve Juizado, which sells AI-generated initial petitions for R$ 19.90. The judge found that the tool merely drafts documents automatically based on information provided by users and does not offer individualized legal analysis or perform activities reserved for licensed attorneys. Although he allowed the platform to continue operating, the judge ordered it to clearly state—both on its website and in advertising—that it does not provide legal advice and that the automated text may contain inaccuracies. The OAB-RJ argued that the service commercialized legal practice and engaged in misleading advertising, but the judge concluded that automation is already part of daily operations in courts, public defenders’ offices and law firms, and that restricting its use for citizens would be an unjustified step backward. Learn more.
Privacy and Data Protection
Brazil’s Data Protection Authority orders audit and new transparency measures for WhatsApp after reviewing data sharing with Meta
Brazil’s National Data Protection Authority has completed its assessment of how WhatsApp shares personal data with Meta, following the app’s 2021 privacy policy changes. The agency found that the sharing takes place in two distinct ways: in one, Meta acts as a data processor, handling information strictly for WhatsApp’s core messaging functions; in the other, Meta acts as a data controller when connecting WhatsApp to its broader ecosystem of services. Although most of the data processing occurs under the processor role, the ANPD concluded that the sheer volume of shared data, the companies’ membership in the same corporate group and Meta’s business model based on intensive data use pose heightened risks to users. As a result, it ordered WhatsApp to hire an independent external auditor to ensure Meta is not using the data for its own purposes, such as targeted advertising. Learn more.
Gol reports data breach affecting Smiles customers, says impact was limited and posed no risk to accounts or payments
Gol has confirmed a data breach involving a third-party system used by Smiles, its frequent-flyer program. According to the airline, the incident occurred on November 12 and affected fewer than 0.04% of its customer base. The company emphasized that no passwords, payment information, reservation details or user accounts were compromised. The exposed data was limited to identification details, contact information and copies of personal documents. Learn more.
HealthTechs
Anvisa bans unapproved weight-loss pens and warns of risks tied to medicines without registration in Brazil
Brazil’s health regulator Anvisa has barred the entry of several so-called “weight-loss pens,” GLP-1–based products that lack authorization to be sold or used in the country. The ban covers items such as T.G. 5, Lipoless, Lipoless Éticos, Tirzazep Royal Pharmaceuticals and T.G. Indufar, following growing evidence of illegal sales and advertising, including online promotion. The agency emphasized that medicines without Brazilian registration may only be imported under exceptional circumstances, strictly for personal use and with a medical prescription; however, when Anvisa issues a specific prohibition, even this limited form of importation is no longer allowed. Learn more.
Anvisa begins gathering scientific evidence to support future regulation of medicinal Cannabis cultivation in Brazil
Brazil’s health regulatory agency, Anvisa, has issued a public call for scientific studies on the medicinal and pharmaceutical cultivation of Cannabis sativa L., aiming to build the evidence base for a forthcoming regulatory framework. The initiative is strictly technical and collaborative, seeking to compile research already published in recognized journals and repositories, with no funding, prizes or merit evaluation involved. An internal technical committee will review the submitted material and prepare a public report that will guide the drafting of new regulations. Learn more.
Sports Betting, E-Sports, and Gambling
Senate pushes forward with plan to raise taxes on betting platforms, fintechs and banks amid political hurdles
The Senate’s Economic Affairs Committee is making another attempt today to vote on a bill that would increase taxes on sports-betting platforms and raise the corporate social contribution paid by fintechs and traditional banks. The proposal, authored by Senator Renan Calheiros, doubles the rate applied to betting companies and significantly expands the CSLL charged to the financial sector. It is designed to complement the recently approved law that broadened income-tax exemptions. Learn more.
Tax
Lula signs expanded income tax exemption and signals further steps toward tax justice
President Luiz Inácio Lula da Silva has signed into law a measure that exempts all Brazilians earning up to five thousand reais per month from paying income tax and introduces reduced rates for those making between five thousand and seven thousand three hundred and fifty reais. The change, which takes effect in January 2026, is expected to remove around fifteen million people from the tax rolls, fulfilling a key campaign promise. To maintain fiscal balance, the government will increase taxation on high earners making more than six hundred thousand reais a year, applying a gradual rate capped at ten percent and leaving unaffected those who already pay that amount. Learn More.
Intellectual Property
Warner Music ends U.S. lawsuit and reaches deal with Suno for licensed AI models starting in 2026
Warner Music Group has reached a settlement with the startup Suno, bringing to a close in the United States a copyright infringement lawsuit and clearing the way for the company to roll out licensed AI music models in 2026. The agreement comes as major record labels work to safeguard their catalogues amid the rapid rise of AI-generated music, a trend that has sparked ethical and commercial concerns across the industry. Suno’s competitor Udio also recently reached settlements with Warner and Universal Music after facing similar accusations that both companies had used hundreds of protected recordings to train their systems. Learn more.
Johnny Cash estate sues Coca-Cola in the U.S. over use of vocal impersonator in advertisement
The estate of country music icon Johnny Cash has filed a lawsuit in the United States against Coca-Cola, accusing the company of unlawfully exploiting Cash’s likeness by using a singer who mimicked his voice in a nationally broadcast commercial. The lawsuit, brought in federal court in Nashville, argues that the ad campaign “Fan Work Is Thirsty Work” misled viewers into believing that Cash’s family had endorsed or approved the promotion. According to the complaint, Coca-Cola hired a tribute performer known for sounding strikingly similar to Cash, and social media reactions noted how closely the voice in the commercial resembled the legendary singer. Learn more.
Media, Entertainment, and Digital Influencers
Government expands call for partners to broaden free public TV under the Brazil Digital program
The federal government has set November 28 as the deadline for institutions to join the second public call aimed at expanding access to free public television through the Brazil Digital program. The initiative will install broadcast stations carrying signals from the EBC and the Legislative Network, while also allowing shared use of existing infrastructure from private broadcasters to increase programming diversity nationwide. Funded by the New PAC and resources from the 4G auction, the program is expected to benefit around four hundred municipalities. Learn more.
AgriTech
Anvisa establishes new regulatory framework to assess pesticide exposure risks and strengthen protections for workers and nearby communities
Brazil’s health regulator Anvisa has issued RDC 998/2025, a landmark rule that creates clear and standardized procedures for evaluating pesticide exposure risks among workers, applicators, nearby residents and people who circulate through treated areas. The measure fulfills requirements of the country’s new Pesticide Law and addresses a long-standing regulatory gap, since previous rules focused primarily on dietary risk to consumers. Learn More.
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