Telecoms regulator seeks court order to block big e-commerce platforms

Brazil’s telecoms regulator Anatel has imposed since June last year more than R$7.5 million in fines on five major e-commerce platforms operating in the country—Mercado Libre, Amazon, Magazine Luiza, Americanas, and Shopee—for allowing the sale of non-certified electronic products, especially cellphones. The platforms dispute the fines, prompting Anatel to take a more drastic step: asking the courts to suspend the companies’ websites and apps in Brazil.

The harsher penalties stem from a precautionary order issued nearly a year ago, aimed at curbing the sale of non-homologated electronic products. In response, the platforms have taken legal action to challenge the sanctions, triggering a legal battle across multiple courts, including Brazil’s Federal Regional Courts (TRF1 and TRF3), the Superior Court of Justice (STJ), and the Supreme Court.

The order includes daily fines for noncompliance. However, since the maximum fine is capped at R$50 million by law, Anatel fears the companies may treat the penalty as a manageable cost of doing business. As a result, the regulator is now seeking court authorization to take the platforms offline.

The companies’ legal arguments range from questioning the legality of the fines to challenging Anatel’s constitutional authority to regulate their activities. Anatel argues that these platforms are now the “main gateway” for irregular electronic devices entering the Brazilian market, according to recent comments from the agency’s president, Carlos Baigorri.

At the Supreme Court, Anatel hopes justices will uphold Minister Dias Toffoli’s interpretation regarding the liability of digital platforms. “We believe that Article 9 of the Internet Civil Framework, which platforms use as a shield to avoid accountability for illegal products sold on their sites, must be firmly rejected by the courts, whether federal or at the Supreme Court,” Mr. Baigorri recently told reporters.

He has advocated for a multi-pronged approach that includes stronger enforcement powers for Anatel, better customs control of imported goods, greater public awareness of the risks posed by irregular products, and increased competition in the certified device market to drive down prices.

According to the Brazilian Electrical and Electronics Industry Association (ABINEE), illegally sold mobile phones, including smuggled devices, bare expected to account for 14% of all handsets sold in Brazil this year.

Contacted by Valor, Amazon, Mercado Libre, Magazine Luiza (Magalu), and Americanas all said they comply with Anatel’s rules, which require sellers to register certified products using a list provided by the agency. Shopee responded after publication, saying that when a violation is detected, it takes appropriate action in line with its platform rules, which prohibit the sale of illegal goods.

Magalu said it has proposed requiring the use of the international EAN-13 barcode standard to uniquely identify mobile devices sold on its platform. The company emphasized that it has not been fined and has been classified as “compliant” by Anatel, according to Marketplace executive director Felipe Cohen.

Mercado Libre said that a July audit by Anatel found that 5.8% of telecom-related listings on its platform were non-compliant—a figure it considers “within normal limits.” “Anatel itself acknowledges this number will never be zero,” said the company’s legal director, Adriana Straube. She added that the company uses AI-powered software to constantly monitor listings and was surprised by the suggestion that it is responsible for selling illegal devices in Brazil. “We find this perception unfounded,” added François-Xavier Martins, head of government relations at the company.

Mercado Libre has been fined twice by Anatel—R$5.4 million and R$1.3 million. Both cases are still under administrative review.

Amazon’s Brazil Marketplace director, Virginia Pavin, said the company “has not received any official notification of fines regarding non-compliance in the case of irregular cellphones” and denied that such fines were ever imposed.

As for Anatel’s push to block entire marketplaces, Ms. Straube described the proposal as “a very extreme measure that violates the laws of economic freedom, the Internet Civil Framework, and the General Telecommunications Law. It would impact Brazilian society as a whole.”

Ms. Pavin added that “there is no legal basis for such action,” noting that a complete platform shutdown would be unprecedented in Brazil. “It would send a negative message to both domestic and international business and investment communities.” She argued that Anatel should create a comprehensive and continuously updated database of certified smartphones and implement more robust verification processes.