President Luiz Inácio Lula da Silva signed decrees on May 20, 2026 [1], updating rules for big-tech platforms operating in Brazil.
This shift moves the country toward stricter platform liability. By requiring the active removal of criminal content, the government aims to curb online violence against women and combat illegal activity more aggressively.
The new framework establishes a system of sanctions for companies that do not comply with the mandates [2]. These penalties include formal warnings, financial fines, or the temporary suspension of services within the country [3].
The updates align Brazil's internet framework with a recent Supreme Court ruling that altered how platform liability is handled [4]. The administration said the measures are necessary to protect citizens and ensure a safer digital environment, specifically targeting the protection of women online [4].
However, the implementation of these rules occurs amid legislative tension. While the president signed these decrees to enact immediate changes, a separate legislative project regarding big-tech regulation has remained stalled in Congress [5]. Reports indicate that the project has not been analyzed this year due to concerns over electoral effects and clashes between the executive and legislative branches [5].
The government's use of decrees allows the administration to bypass the current legislative deadlock in Congress. This ensures that the requirements for removing criminal content are enforceable immediately, regardless of whether the broader legislative project moves forward [1], [2].
“Platforms can be punished for not removing criminal content.”
The use of executive decrees to regulate big tech indicates a pivot toward administrative enforcement over legislative consensus. By anchoring these rules in a Supreme Court ruling, the Lula administration is attempting to create a legally durable mandate for content moderation that avoids the political gridlock of the Brazilian Congress.
