BRAZIL Trends and Developments Contributed by: Lucia Ancona Lopez de Magalhães Dias, Maria Fernanda Saab Nersessian and Camila Emi Tomimatsu, Magalhães e Dias
Magalhães e Dias Advocacia R Armando A Penteado, 304
Pacaembu São Paulo CEP 01242-010 Brazil Tel: +55 11 3829 4411
Email: lm@magalhaesdias.com.br Web: www.magalhaesdias.com.br
The last year has been particularly eventful in terms of regulation, case law and guidelines on advertising and marketing in Brazil. Moreover, 2025 marks the third year of President Lula’s term, in which both the executive and legislative branches have taken the initiative to further discussions on domestic regula - tion and its efficacy regarding issues related to digital platforms, advertisements directed towards children and adolescents, “ultra-processed” foods, artificial intelligence (AI) and betting, amongst other issues. In general, there are efforts towards making regula - tion more stringent in several areas, partly due to the perceived ineffectiveness of existing legislation and partly to regulate new issues, as will be detailed fur - ther below. In addition, self-regulation initiatives have also advanced in parallel with (and to complement) gov - ernmental actions, providing guidelines and control mechanisms that are applicable to different sectors. Special mention should be made of the initiatives of the Brazilian Advertising Self-Regulation Council ( Conselho Nacional de Auto‑Regulamentação Publici‑ tária CONAR) – a self-regulatory entity that has been operating since the 1970s to regulate advertising eth - ics and combat abuses in the Brazilian market – and the guidelines of the Brazilian Association of Advertis -
17 September 2025 and published on the same date in the Official Gazette (under Law No 15,211/2025). The measure gained momentum after a viral video by a Brazilian YouTuber (known as “Felca”) expos - ing content – including sexualised material – exploit - ing children and adolescents. The Bill imposes an outright ban on profiling-based advertising targeting minors, as well as on the use of emotion analysis and augmented reality/extended reality/virtual reality (AR/ XR/VR) techniques for that purpose. It also prohibits “loot boxes” (random-reward mechanics) in digital games, given their similarity to gambling. In parallel, Brazil is moving towards tighter regulation (and strict - er enforcement of the regulation already in place) of minors’ use of social networks, with heightened scru - tiny of communications directed at these audiences, and of exposure to harmful content. In this context, to name just one example, and following the approval of Bill No 2,628/2022, a labour judge in São Paulo has ruled that, in a provisional decision, Facebook and Instagram are prohibited from allowing or toler - ating the exploration of minors’ artistic work on their platforms without prior judicial authorisation, under penalty of a daily fine of BRL50,000 per child or ado - lescent found to be affected. AI Except for Resolution 23,610/2019 of the Superior Electoral Court, which provides for restrictions on the use of AI in electoral advertisements, there is currently no legislation in Brazil that specifically regulates the use of AI, either in general or specifically in connection with the development of advertising content.
ers (ABA). Highlights Protection of children online
Brazil’s National Congress has recently approved Bill No 2,628/2022 (the “Digital ECA” – named after Bra - zil’s Child and Adolescent Statute, known as the ECA), sanctioned by President Luiz Inácio Lula da Silva on
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