Brazil's Supremo Tribunal Federal (STF) ruled that big tech companies must maintain a legal representative within the country to ensure accountability [1].
This decision marks a significant shift in how the Brazilian state regulates global digital platforms. By requiring a local presence, the court aims to eliminate the jurisdictional gaps that often allow international companies to ignore domestic judicial orders regarding illegal content.
The ruling, issued Wednesday, May 17, 2026 [2], focuses on increasing the liability of platforms for illicit content posted by third parties. The court said the measure is necessary to protect national sovereignty and ensure the application of the Marco Civil da Internet [1, 3].
Digital platforms have 60 days to adapt to these new requirements [2]. This grace period is intended to allow companies to establish the necessary legal infrastructure, and update their internal compliance protocols to meet the STF's standards [2].
The court's move addresses long-standing tensions between the Brazilian judiciary and tech giants over the removal of disinformation and hate speech. Without a legal representative in the country, the STF often struggled to enforce fines or content takedown notices against entities based in the U.S. or Europe [1, 3].
Under the new mandate, the designated legal representatives will be the primary point of contact for judicial notifications. This ensures that the Brazilian government can hold platforms directly responsible for failing to remove illegal material once notified [1].
“Big tech companies must maintain a legal representative within the country to ensure accountability”
This ruling strengthens the Brazilian state's ability to exercise jurisdiction over foreign entities. By forcing a physical and legal presence, the STF is moving away from a model of voluntary cooperation toward a mandatory regulatory framework, which may lead to increased legal friction between the Brazilian government and global tech firms regarding freedom of speech and censorship.
