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Brazil

Country:
Survey Answer:

• Brazilian Internet Steering Committee (CGI.br)
• National Telecommunications Agency (Anatel)
• Secretary for Consumers’ Defense
• Administrative entities
• Judiciary
There is no central authority for this purpose in Brazil. Administrative entities (e.g. Public Prosecutors Office, Ministry of Justice and consumer protection authorities) are able to investigate and set fines in case of wrong doings – and also initiating judicial proceedings against companies and individuals. Due to the Brazilian judiciary, administrative fines and claims for damage compensation can be further discussed in the judiciary branch.
For instance, the Brazilian Civil Rights Framework for the Internet sets the following penalties in case of breaches:
“Art. 12. Without prejudice to any other civil, criminal or administrative sanctions, the infringement of the rules set forth in the Articles 10 and 11 above are subject, in a case basis, to the following sanctions applied individually or cumulatively:
• I - a warning, which shall establishing a deadline for the adoption of corrective measures;
• II - fine of up to 10% (tem percent) of the gross income of the economic group in Brazil in the last fiscal year, taxes excluded, considering the economic condition of the infractor, the principle of proportionality between the gravity of the breach and the size of the penalty;
• III - the temporary suspension of the activities that entail the events set forth in Art. 11; or
• IV - prohibition to execute the activities that entail the activities set forth in Art. 11.”
The Internet Steering Committee may recommend the adoption of additional security measures and standards.
For criminal penalties please refer to item 5 below.

Provided By:
Renato Opice Blum, Opice Blum, Bruno, Abrusio e Vainzof Advogados Associados