ANATEL cracks down as five marketplaces are fined more than BRL 7.5 million

Since June 2024 Brazil's telecom regulator ANATEL has been auditing five major marketplaces, Mercado Libre, Amazon, Magazine Luiza, Americanas and Shopee, imposing cumulative fines of more than BRL 7.5 million, about USD 1.5 million, for selling electronics, particularly smartphones, without ANATEL certification.

ANATEL considers marketplaces to have become the main channel for illegal electronics entering Brazil. Its president, Carlos Baigorri, has asked the courts to order the shutdown of the websites and apps of non-compliant platforms to cut off illegal sales entirely. The dispute has now reached the Brazilian Federal Supreme Court and has become one of the most intense legal battles in Brazilian e-commerce in recent years.

Why ANATEL wants platforms shut down

(1) The fine ceiling is too low and platforms may simply pay. ANATEL fines accrue daily, but Brazilian law caps such fines at BRL 50 million. ANATEL fears that for large platforms with annual revenues in the billions a fine is just an operating cost that does not deter violations, so it decided on the tougher step of seeking court-ordered shutdowns.

(2) Illegal phones are widespread, at 14% of the market. Data from the Brazilian Electrical and Electronics Industry Association shows that 14% of phones sold in Brazil in 2023 were illegal, including smuggled, refurbished and uncertified devices. These products evade tax and carry safety risks such as battery explosions and signal interference.

Carlos Baigorri said marketplaces had become the main gateway for illegal products and that stronger measures were needed. He proposed a four-step approach: strengthening ANATEL's enforcement powers, tightening customs controls on imports, raising consumer risk awareness and increasing the supply of certified devices so that prices fall.

Platforms push back against fines and shutdowns

The platforms responded quickly and turned to the courts.

Mercado Libre acknowledged that ANATEL audits found 5.8% of telecom products non-compliant but argued that the proportion was reasonable, and said it had deployed an AI monitoring system to police listings. Amazon Brazil denied receiving a formal fine notice and called ANATEL's allegations legally unfounded. Shopee said it had internal review mechanisms and removed non-compliant listings immediately, but opposed blanket shutdowns, arguing that certification processes should be improved rather than platforms banned.

NTEK advice for exporters to Brazil

(1) Compliance first. With tighter enforcement in Brazil, electronics must hold ANATEL certification.

(2) Local engagement. Stay in contact with the regulator and proactively delist high-risk products to avoid legal exposure.

(3) Long-term strategy. Support industry efforts to build shared certification databases that balance regulation with commercial feasibility.

Brazil is the largest e-commerce market in Latin America, but policy uncertainty has increased in recent years, including tax reform and import restrictions. ANATEL's firm action confirms that the era of unregulated growth is over and that compliance is the only way forward.

For Chinese sellers, Brazil's certification process is cumbersome, with language barriers, complex local rules and difficulties in local testing.

NTEK removes those obstacles:

- NTEK engineers pre-test products in China to ensure local testing passes first time;

- long-standing local partnerships shorten ANATEL certification testing cycles;

- a professional team provides one-stop solutions for difficult points such as complex documentation and language barriers;

- NTEK tracks Brazilian certification developments and regulatory updates in real time to support continuous compliance.

NTEK supports your Brazil cross-border trade through any regulatory storm.