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In brief

As reported in our last e-alert, on 6 September 2021, President Jair Bolsonaro signed Provisional Measure (MP) No. 1.068/2021, amending the Brazilian Internet Legal Framework, which regulates the use of the internet in Brazil.


The MP was criticized by different sectors of society, who argued that it did not meet the applicable formal and material requirements. On 14 September 2021, the president of the Senate, Rodrigo Pacheco, returned the MP to the government as he understood that it violates the fundamental requirements set out in the Federal Constitution. With that, the rules established in the MP are no longer valid.

On the same day, Justice Rosa Weber of the Supreme Court suspended the effectiveness of the MP by granting an injunction made by political parties and the Brazilian Bar Association in direct unconstitutionality actions filed against the MP. According to the Justice:

[The] explanatory memorandum of MP 1.068/2021 did not undertake the burden of demonstrating in a reasoned and sufficient manner the presence of the urgency requirement, notably in matters of such complexity and vicissitudes, to evidence the absence of such constitutional requirement, which results in an apparent formal unconstitutionality.

Then, given the return of the MP by Pacheco, the justice considered that the unconstitutionality actions have lost their purpose.

Therefore, at present, the rules proposed in the MP for application providers are not in force. However, although the discussion regarding the MP has ended, the debate will continue as the president submitted to the National Congress on 20 September Bill of Law No. 3227/2021, which has identical propositions as the MP. Our team will continue to monitor this new bill and the respective debates, and is available for any queries.

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Author

Flávia Rebello Pereira is an Of-counsel in Baker McKenzie Rio de Janeiro office.

Author

Flávia Vasconcelos joined the Firm in 2001, became partner in 2006 and Of Counsel in 2019. She coordinates the Trademark group in the Brazilian offices and integrates the Consumer Goods & Retail group, acting with a focus on brand management, advisory and licensing, including trademark availability searches, filing and prosecution, advice on brand and domain name protection and enforcement, and registration of trademark license agreements. She also assists clients with protection of plant breeders' rights and copyrights management and licensing. She represents clients in the consumer goods and retail, including apparel, luxury cosmetics and jewelry, beverages, chemical, pharmaceutical, automotive, CRM, telecommunications/electronics, agriculture and construction machinery, transportation, music and plant variety segments, having extensive experience in consulting regarding the protection of intellectual property rights.

Author

Marcela Trigo is a partner in Trench Rossi Watanabe in the Intellectual Property and Information Technology Group and has over 10 years of experience in complex litigation, before state and federal courts in Brazil, having acted in several leading cases in the area of Industrial Property. Her practice focus, Acts primarily representing clients in legal disputes involving patents, trade secrets, data package exclusivity, unfair competition and regulatory compliance, in particular in the pharmaceutical, biotechnology and telecommunications fields.

Author

Flavia Amaral is a partner in Baker McKenzie Sao Paulo office, in cooperation with Trench, Rossi and Watanabe Advogados.

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