Brasil, Regulación en Transformación Digital

Brazil country review: regulation in the digital transformation

Acknowledgements

This report was developed by the Regulatory and Market Environment Division (RME) of the Telecommunication Development Sector, with the support of ITU Regional Office for the Americas. It was elaborated by the ITU Expert, Mr Carlos Arturo Bello Hernández, Founding Partner of BGBG.

This country review incorporates important feedback and comments from the following institutions during the period January-May 2022:

• Agência Nacional de Telecomunicações (ANATEL) (National Agency for Telecommunications)
• Ministério da Ciência, Tecnologia e Inovações (Ministry of Science, Technology and Innovations or MCTIC, for its acronym in Portuguese)
• Conexis Brasil Digital ITU would like to thank all the entities who participated in the interviews and shared data along with their experience and views. The country review is part of a series of case studies and country reviews developed in the framework of the ITU work stream on collaborative digital regulation with the financial support of the Republic of Korea.

Table of contents

Acknowledgements

Foreword

1. Introduction
   1. Regulatory evolution in Brazil
   2. Brazil’s regulatory evolution
2. National collaborative governance
3. Policy design principles
4. Digital development toolbox
   1. Digital Government Strategy for 2020 to 2022
5. Digital economy policy agenda
6. Recommendations
7. Conclusions

1 Introduction

Digital transformation through collaborative digital regulation

Over recent years, digital transformation has raised to the top of national policy agendas as a path to accelerated social development and economic prosperity.

Digitalization has a far-reaching social and economic impact. It affects all sectors of the economy – from agriculture to industry and trade, and all areas – from household consumption to the provision of public services. Evidence shows that digitization has a positive impact on productivity, employment, skills, and market demand and supply1. New digital means of communication and technologies have been transforming production, consumption and lifestyle patterns.

Digital transformation has revealed the need for a new approach to regulation. A new regulatory paradigm has emerged that seeks to fast forward digital transformation for all – and that paradigm is embodied in the concept of collaborative digital regulation.

Based on a broad notion of generations of ICT regulation (see Box 2), G5 collaborative digital regulation marks a fundamental shift in the way regulation is designed and executed. The G5 systemic approach brings together a wide range of stakeholders from policy-makers to single- and cross-sector regulators, and a wide range of market players. In addition, the focus on regulatory behaviour and its impact on markets and development brings to the fore the need to harmonize policy priorities, regulatory rules, and existing institutional frameworks across the sectors to leverage digital and underlines the importance of the interplay between digital infrastructure, services and content across industries and national borders.

This country review is part of a series designed to analyse the current institutional and regulatory framework of countries with different policy landscapes, at various levels of digital development and from different regions. The country reviews explore how the principles and nature of collaborative digital regulation are enshrined in national policy and regulatory frameworks and how those are being implemented (see Box 1).