Brazil Holds Public Hearing on Counterfeit and Irregular Products Online
The hearing will take place on September 14, 2026, with written contributions due within 10 business days of publication
Four federal authorities have jointly convened a public hearing on the sale of counterfeit and irregular products through digital platforms. They have also opened a period for written contributions from platforms, rights holders, the productive sector, and other interested parties.
On September 4, 2026, Public Call Notice #01/2026/CNCP1 was jointly issued by the following authorities: the President of the National Council for Combating Piracy and Intellectual Property Crimes (CNCP); the President of the Technical Committee on Quality Infrastructure (CTIQ) of the National Council on Metrology, Standardization and Industrial Quality (Conmetro); the National Secretary for Digital Rights of the Ministry of Justice and Public Security; and the Secretary for Digital Policies of the Presidency’s Secretariat of Social Communication.
The notice has two objectives: to convene a technical public hearing in a hybrid format and to open a period for the submission of written contributions regarding the sale of counterfeit and irregular products on digital platforms, as well as their impact on consumer rights, intellectual property, user safety, and the economic environment.
Background
The notice expressly builds on the Guide of Good Practices for E-Commerce Platforms published by the CNCP in 2020. This self-regulatory and non-binding instrument did not achieve the expected results, according to the authorities’ own assessment. Discussions regarding its revision served as a catalyst for the creation of the Special Commission for E-Commerce Regulation within the CNCP (CERCE/CNCP), which organized this hearing.
The framing is critical: the proceeding is presented as a step toward regulatory proposals for the digital marketplace environment, rather than a merely diagnostic exercise.
Scope of the debate
Participants are expected to address, as a priority, the following topics:
- definition and classification of counterfeit, pirated, smuggled, and irregular products offered on digital platforms;
- risks to consumer health, safety, and rights;
- liability of manufacturers, importers, distributors, sellers, marketplaces, and other digital intermediaries;
- mechanisms for verifying product regularity and conformity, traceability, seller identification, monitoring, and removal of listings;
- advertising, commercial promotion, and paid boosting of products subject to special control, controlled sale, or regulated production, including compliance with applicable legal and regulatory restrictions;
- cooperation and information sharing among platforms, consumer protection bodies, law enforcement, regulators, and rights holders;
- consumer digital education; economic, social, competition, and regulatory impacts; and market monitoring mechanisms integrating public bodies and platforms.
Hearing and deadlines
The hearing will be held on September 14, 2026, from 9:00 a.m. to 5:00 p.m., at the Tancredo Neves Auditorium, in the Palácio da Justiça, Brasília/DF, in a hybrid format. It will be recorded and made available on the Ministry of Justice website. In-person seating is limited to venue capacity, and remote access is subject to the technical limits of the platform used.
Those wishing to attend as observers must register using the electronic form available on the CNCP website and on the Single Portal for Quality Infrastructure. Registration remains open until the start of the public hearing.
Written contributions must be submitted to cncp@mj.gov.br before the start of the public hearing. Documents, studies, technical notes, and other submissions may be considered for the hearing’s technical report, subject to the authorities’ discretionary assessment of relevance.
For marketplaces and other digital intermediaries operating in Brazil, the agenda set out in the notice provides an early indication of the key themes that may shape future regulation.
If you have any questions regarding this matter, please contact us at info@lickslegal.com. Our team will be pleased to assist you.
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