Marco Antônio Junqueira de Arantes and Leandro Prete co-authored an article published by Consultor Jurídico (ConJur) addressing one of the most sensitive issues in today’s digital regulatory environment: the limits of liability for legal representatives of foreign platforms in Brazil under the new Article 16-A, introduced into Decree No. 8,771/2016 by Decree No. 12,975/2026.
The article examines how the decree, by requiring legal representatives to comply with court orders and respond for penalties incurred by the represented company, appears to blur well-established legal concepts, suggesting the emergence of a new and concerning figure: the involuntary guarantor.
Through a technically grounded and carefully reasoned analysis, the authors argue that the wording of the decree may violate the constitutional principle that penalties should not extend beyond the offender, as well as the Brazilian Supreme Court’s own ruling under Theme 987, which gave rise to the provision and expressly excludes strict liability from the Court’s established thesis.
An essential read for digital platforms, lawyers and professionals operating within Brazil’s regulatory environment who need to understand what the decree requires and where its legal boundaries are being challenged.
Read the full article by clicking here.
