Net Neutrality in Brazil: Is the Internet Equal for Everyone?

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

The Net Neutrality Principle

Net neutrality is the principle that internet providers must treat all data traveling across the network equally, without discriminating by content, origin, destination, service, device, or application. In Brazil, this principle is enshrined in Article 9 of the Marco Civil da Internet (Brazil’s Internet Bill of Rights) (Law 12.965/2014) and regulated by Decree 8.771/2016.

In practice, net neutrality prevents internet carriers from prioritizing, degrading, or blocking access to particular services or content, ensuring a free and open internet for everyone.

How Net Neutrality Works in Practice

What Can Your Carrier NOT Do?

• Block or degrade access to certain websites or apps
• Slow down competing services (for example, throttling video streaming)
• Charge different rates for access to specific websites or services
• Prioritize traffic from companies that pay more (the so-called “fast lanes”)
• Discriminate against protocols such as VoIP, P2P, or VPN

Exceptions Allowed by Law

Article 9, §1 of the Marco Civil provides for two exceptions to net neutrality:

1. Indispensable technical requirements, meaning network management needed to deliver services properly (for example, prioritizing data packets during congestion)
2. Prioritization of emergency services, such as civil defense or public safety communications

Even within these exceptions, Decree 8.771/2016 requires that technical measures be proportionate and transparent, and that they not harm the user.

If your streaming speed is below what you contracted for, that may violate the Marco Civil and also breach your contract with the carrier.

The Zero-Rating Controversy

Zero-rating is the practice of offering free access to certain apps or services without counting them against the user’s data allowance. Common examples in Brazil are mobile plans that offer “unlimited” WhatsApp, Instagram, or Spotify.

There is an intense legal debate over whether zero-rating violates net neutrality:

• The argument against: by favoring certain apps, the practice distorts competition and harms smaller services that are not included in the zero-rating offer
• The argument in favor: the practice benefits consumers by lowering costs, and it does not prevent access to other services

Anatel (Brazil’s National Telecommunications Agency) and CADE (Brazil’s antitrust authority) have not yet taken a definitive position on the issue, which remains under regulatory debate.

International Comparison

Brazil’s approach is considered one of the most advanced in the world when it comes to protecting net neutrality:

• United States: the FCC repealed its net neutrality rules in 2017 under the Trump administration and reinstated them in 2024, and the issue remains politically unstable
• European Union: Regulation 2015/2120 guarantees net neutrality in all member states
• India: TRAI banned zero-rating and adopted strict net neutrality rules
• Brazil: the 2014 Marco Civil was a pioneer and remains a global reference

Impact on Innovation and Competition

Net neutrality is fundamental to the digital ecosystem:

• Startups and small businesses compete on equal terms with large corporations for access to users
• Freedom of expression: all content is treated equally, with no economic censorship
• Innovation: new services can emerge without needing deals with carriers
• Consumer choice: users decide freely which services to use

Oversight and Complaints

Anatel is responsible for overseeing compliance with net neutrality. Users who identify violations can:

1. File a complaint with Anatel through its website, its app, or by phone at 1331
2. Report the violation to the Brazilian Internet Steering Committee (CGI.br)
3. File a complaint with the state Procon (consumer protection agency)
4. Turn to the courts in cases of individual harm

Applying Net Neutrality in Real Cases

In concrete situations, applying the net neutrality principle requires analyzing the nature of the traffic and the carrier’s reason for intervening. Brazilian case law has accepted targeted technical measures when network management is shown to be necessary to avoid congestion, as long as the restriction is temporary, proportionate, and transparently disclosed to the consumer. When the carrier acts out of commercial interest, such as promoting a partner app over another, courts tend to recognize a violation of the Marco Civil da Internet.

Companies that offer digital services often turn to the courts when they notice an artificial drop in performance or the blocking of protocols essential to their operations. Videoconferencing platforms, online games, cloud storage services, and voice communication apps are frequently affected by practices that run counter to the equal treatment required by Article 9 of Law 12.965 of 2014. In these lawsuits, plaintiffs commonly seek an order requiring the carrier to restore normal traffic flow (obrigação de fazer, a court-ordered duty to act), along with compensation for the commercial losses documented during the period of degradation.

Consumers also have tools to respond to violations. Besides the administrative routes before Anatel, the state Procon, and the Brazilian Internet Steering Committee, filing a civil lawsuit for property damages and pain-and-suffering damages (danos morais) is possible when concrete harm is proven. The evidence in these cases usually relies on saved speed tests, comparisons between the services contracted and the services delivered, and expert reports demonstrating traffic discrimination, which together form a robust body of proof to establish the carrier’s liability.

Frequently Asked Questions

Can my carrier limit Netflix speeds?

No. Net neutrality prohibits degrading any specific service. If your streaming speed is below what you contracted for, that may violate the Marco Civil and also breach your contract with the carrier.

Do mobile plans with unlimited WhatsApp violate net neutrality?

That question remains open. The Marco Civil does not expressly prohibit zero-rating, but the practice sparks debate over its effects on competition. So far, Anatel has not banned it.

Can my carrier block a VPN?

No. Using a VPN is legal in Brazil, and carriers cannot block or degrade specific protocols. Any restriction of that kind violates net neutrality.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.