No. Torrenting itself is not illegal in Brazil, but downloading or sharing copyrighted material without authorization violates federal law. The Marco Civil da Internet (Law No. 12.965/2014) and the Copyright Law (Law No. 9.610/1998) criminalize unauthorized distribution, with penalties including fines and imprisonment. ISPs face obligations under Anatel’s 2023 regulations to monitor and report infringements, while the 2026 Digital Rights Framework may expand liability for platforms facilitating piracy.
Key Regulations for Torrenting in Brazil
- Copyright Law (Law No. 9.610/1998): Prohibits reproduction, distribution, or public communication of copyrighted works without permission, classifying unauthorized torrenting as a civil and criminal offense under Articles 184 and 186 of the Penal Code.
- Marco Civil da Internet (Law No. 12.965/2014): Mandates ISPs to retain user data for at least six months and comply with court orders to disclose infringers, with non-compliance risking sanctions from Anatel (National Telecommunications Agency).
- Anatel’s 2023 Resolution No. 740/2023: Requires ISPs to implement “graduated response” systems, notifying users of alleged infringements and potentially throttling or suspending services after repeated violations, aligning with the 2026 Digital Rights Framework’s push for stricter intermediary accountability.