As Generative AI (GenAI) transitions from a creative experiment to a core operational tool, multinational corporations are increasingly adopting "synthetic personas"—AI-generated human models—to power their marketing engines. For global brands, this shift offers unprecedented scalability and cost-efficiency. However, it also introduces a complex web of legal challenges across jurisdictions, thereby requiring a proactive and harmonized legal strategy.
Brazil’s patent litigation framework operates under a structural feature that profoundly shapes strategy: infringement and validity are adjudicated in separate judicial spheres..
Anti-counterfeiting - New Interpretation of Brazilian IRS Reduces Costs, Increase Predictability, and Strengthens Enforcement.
Amid the various transformations experienced in the digital landscape, over the past month the article series “Digital Law in Brazil - Current Hot Topics”, written by different professionals from the firm Montaury Pimenta, Machado & Vieira de Mello, has sought to map the issues that have most mobilized legislators, courts, regulators, and legal practitioners in the field of Digital Law.
A more complex and strategic patent litigation landscape. Patent litigation in Brazil has undergone significant transformation over recent years, particularly in disputes involving Standard Essential Patents (SEPs). What was once a jurisdiction perceived as slow and procedurally rigid has become an increasingly strategic forum for SEP enforcement. This shift has been driven by procedural flexibility under the Brazilian Code of Civil Procedure, growing judicial familiarity with complex technology disputes, and the active role of specialised business courts.
Under the Brazilian General Data Protection Law (LGPD), the Privacy Policy plays a central role in operationalizing the principles of transparency, purpose limitation, and accountability established in Article 6 of the law. Far from being a mere formality or a copy-and-paste document, as many organizations still rely on, the Privacy Policy is one of the primary instruments through which controllers demonstrate compliance to both data subjects and regulators..
The year 2025 marked a paradigm shift in Brazil’s data protection landscape, as the National Data Protection Authority (ANPD) was elevated to the status of a regulatory agency, acquiring expanded powers of enforcement, rulemaking, and sanctioning.
The use of facial biometrics has become one of the most widespread technologies driving digital transformation in recent years. From authentication systems on mobile devices to access control in companies and residences, biometric identification has become common practice in various settings. This accelerated growth, however, brings significant legal challenges, especially regarding the protection of personal data under the Brazilian General Data Protection Law (“LGPD”) - Law No. 13.709/2018.
Law No. 15,211/2025, known as the Digital ECA, represents an unprecedented regulatory milestone in Latin America by establishing a specific legal framework for the protection of children and adolescents in the digital environment. Acknowledging that young people are immersed in online platforms from early childhood, the legislation seeks to update the Child and the Adolescent Statute to reflect a reality in which risks such as exposure to harmful content, abusive data collection, persuasive advertising, emotional manipulation, and digital dependency have become part of everyday life.
In judging SPECIAL APPEAL No. 2096417 - SP (2023/0328252-0), the rapporteur, Minister Nancy Andrighi, stated that:
