‎Telecommunications Law in Brazil

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The Brazilian Broadcast communications Code, affirmed by law 4,117 of August 27, 1962, was the reason for the development of Brazilian broadcast communications. To unmistakably recognize the significance of its job, it is important a few focuses that mark the development of phone interchanges in Brazil. They arose early, not long after Sovereign D. Pedro II discovered Graham Ringer in 1877, in Philadelphia, uncovering his development, the phone. After that slight beginning lightning strike, because of the absence of sufficient guideline, Brazilian communication remained practically fixed, not intently checking the enhancements that were happening in the remainder of the world. For a long time, individuals and organizations utilized just telecommunication to send significant messages to removed areas.

Technological advances in the area of ??telecommunications, in the last fifteen years, have revolutionized society. With the new technologies, it was necessary to seek a new regulation for the sector. If, at the time of the drafting of the 1988 Federal Constitution, the scenario envisaged for telecommunications provided for the mandatory services to be provided directly by the State or, by means of a concession, by state-owned companies, as from Constitutional Amendment no. 08/1995 services can also be provided by the private sector, through authorization, concession or permission.

In the book under examination, in addition to a little of all this history, an exposition of the main rules of the sector, the guidelines contained in the so-called General Telecommunications Law, or simply LGT, Law 9.472 / 97.

It is good to say that the author worked in the legal department of Embratel, in the year 2000, as this experience is reflected in the lines of his work. Far beyond the experience of the early days of regulation in the sector, he gained technical knowledge, and based on this domain, he will move with ease on topics such as the atypical competition that develops between the main telephone operators and internet providers, which in the end, still depend on common networks. Or that he will affirm, already in his conclusion, that although he was never an "ideological enthusiast" of privatizations, he recognizes that the legal model adopted in Brazil, at least for telecommunications, was able to accept the need to provide legal security to the user and at the same time. time to remain open to constant innovations, without the need for successive legislative changes.

The work is responsible for the regulatory model developed in Brazil, focusing on the peculiarities and also the controversies surrounding Anatel. Thus, at various points in the text, the reader will be reminded that "The regulatory body, however autonomous it may be, does not establish the national telecommunications policy, limiting itself to executing and implementing it (...)”, always setting a counterpoint to the principle of legality, a key clause in our legal system.

The text is very well constructed: it relies on legal bibliography but maintains a pertinent interface with articles from national and international journals, promoting the necessary articulation of the theme with economics and politics.

Our Telecommunications Lawyers in Brazil have been effectively working in the media communications area and, because of this experience, we have created explicit information on this market and the issues encompassing it (administrative, business and specialized).

Our Telecommunications Attorneys in Brazil’s work group has broad involvement with the space of ??Telecommunications. Coordinated and continually refreshed concerning the new principles of the market, they ensure the best help to our clients.

Since the start of the media communications progression measure, with the ensuing privatization of administrations, Our Brazilian Telecommunications Lawyers have served a few customers in this fragment.

Our Brazilian Telecommunications Law Firm accumulated involvement with broadcast communications enactment and guideline coming about because of the arrangement of administrations to fixed-line administrators, specific organization and circuit specialist co-ops, suppliers of trucking, "paging" administrations, just as radio and TV organizations.

Our Brazilian Telecommunications Lawyers have been prompting some Brazilian organizations that do joint endeavors with unfamiliar organizations to investigate open doors in the Brazilian market for administrations and broadcast communications hardware.

Notwithstanding broadcast communications specialist co-ops, Our Telecommunications Lawyers in Brazil have been exhorting worldwide venture banks and unfamiliar law offices, with customers inspired by the Brazilian media communications market. We assist with the following services:

Helped arrangement of agreements, partaking in renovating, exchange and contracting with the client or provider.

Arrangement of Extrajudicial Warnings, or Against Extrajudicial Notices;

Planning of managerial conferences with the Association, States, Regions, ANATEL and the Service of Correspondences;

Arrangement of reactions to letters and data demands sent by ANATEL or the Service of Correspondences.

Planning of reactions to letters and summons sent by the Legal executive, the Public Arraignment Administration or by Police Workplaces and Police Specialists with the end goal of getting to association records or breaking IP or phone classification;

Particular consultancy to broadcast communications and worth added administrations organizations;

Drafting of particular agreements in the arrangement of broadcast communications administrations to purchasers (endorsers), like SCM, STFC and SEAC, as per the principles and guidelines gave by the Public Media communications Office - ANATEL;

Elaboration of agreements spent significant time in the arrangement of media communications administrations on a discount premise, for example, interconnection contracts, trade contracts, framework sharing agreements, and agreements for the arrangement of committed modern line misuse administrations (EILD), as per with the principles and guidelines gave by the Public Media communications Office - ANATEL;

Drafting of agreements identified with media communications frill administrations, for example, establishment and upkeep administrations, just as the drafting of rent or loaning contracts for hardware and framework.

Drafting of business association contracts, organization contracts in a cooperation account (SCP), specific reason organization contracts (SPE) or instruments for framing a business consortium;

Planning of data innovation contracts, for example, site or worker facilitating administrations, colocation administrations, facilitating administrations, server farm administrations, among others.

Examination and survey of agreements endorsed by media communications organizations with providers of administrations and items;


Mr. Alessandro Jacob speaking about Brazilian Law on "International Bar Association" conference

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