President Luiz Inácio Lula da Silva (PT) signed decrees this month imposing strict new rules on major technology companies operating in Brazil [1].
These measures represent a significant shift in digital governance by moving the burden of content moderation from the state to the platforms. By holding companies like Google, Meta, and X legally accountable for fraudulent advertisements and criminal content, the Brazilian government seeks to curb the spread of online illegality and assert national sovereignty over foreign digital entities.
The decrees, signed in May 2026 [1], require Big Tech companies to proactively remove criminal content from their platforms. Under the new framework, these companies are also held liable for fraudulent advertisements appearing on their services [1]. This approach shifts the legal landscape, as platforms may no longer be viewed as neutral intermediaries when illegal activity occurs on their sites.
President Lula said the move was a necessary step to enforce the Brazilian Constitution and resist external influence. The president specifically pushed back against perceived pressure from the U.S. regarding Brazil's digital policy [2].
"Quem quiser atuar no Brasil tem que seguir nossa Constituição," Lula said [2].
The administration is moving quickly to implement these changes. A ministerial meeting is scheduled for Tuesday, May 26 [2], to further coordinate the execution of these decrees. The government intends to ensure that the digital environment aligns with national legal standards, regardless of where the tech companies are headquartered [2].
This regulatory push targets the operational models of global platforms that have historically relied on limited liability protections. By mandating proactive monitoring, the Brazilian government is challenging the industry standard of "notice and take down," replacing it with a requirement for platforms to actively prevent criminal activity [1].
“"Quem quiser atuar no Brasil tem que seguir nossa Constituição"”
Brazil is positioning itself as a leader in the global movement toward stricter platform accountability. By removing the shield of neutrality for fraudulent ads and criminal content, the government is creating a high-risk legal environment for Big Tech. This strategy not only aims to protect citizens from online fraud but also serves as a diplomatic signal that Brazil will prioritize its own constitutional mandates over the business models of U.S.-based technology firms.
