“VPNs Can Be Used Legally in Brazil, say Lawyers” Report by Canaltech includes comments from Partner Flávia Pietri.
By Bruno De Blasi
In addition to suspending X (formerly Twitter), the Federal Supreme Court (STF) imposed a daily fine of R$50,000 on anyone who uses tools to access the platform during the ban. However, the use of VPNs is legal in Brazil, lawyers explained in an interview with Canaltech on Monday (September 2).
According to Felipe Palhares, partner in Data Protection and Cybersecurity at BMA Advogados, VPNs are not prohibited in Brazil. Therefore, it is entirely legal to use services such as NordVPN, Surfshark, and others to browse the internet securely.
On the other hand, the court specifically banned any method used to access X in Brazil during the suspension period — including private networks that route connections through countries where the platform remains available.
“The current STF ruling imposes a daily fine of R$50,000 on those who use technological measures to keep accessing X in Brazil, including the use of VPNs for this purpose,” explains Palhares.
Flávia Pietri, a partner in the Corporate Advisory Law practice at Nascimento e Mourão Advogados and an expert in Digital Law and Data Protection, made the same clarification: “The prohibition is specific to that purpose — it is not a general ban,” she emphasized.
Apps Do Not Need to Be Removed from App Stores
In the first ruling issued on Friday (August 30), STF Justice Alexandre de Moraes ordered the removal of X from the App Store and Google Play. The same decision initially required the removal of VPN apps as well.
That order, as the lawyers recall, was revised a few hours later in a new ruling. At that time, the court overturned the item that mandated the removal of the social media and VPN apps from Apple’s and Google’s app stores.
Even so, Palhares points out that the measure never actually banned VPN use, since the apps could still be downloaded by other means.
“In practical terms, the initial order merely made it harder for people to access VPN apps, as they would no longer be available in Apple and Google app stores,” he noted.
In other words, the measure did not prevent installation via other sources, nor did it block usage for those who already had the apps installed on their phones or tablets. The same applies to users who access the service from a computer, for example.
Canaltech Portal, September 2, 2024, 4:04 p.m.
https://canaltech.com.br/internet/vpn-pode-ser-usada-de-forma-legal-no-brasil-dizem-advogados/
