Deepfake Law in Brazil
Brazil regulates deepfakes through LGPD (data protection law), Marco Civil da Internet, and — notably — TSE (Electoral Court) resolutions that banned AI-manipulated election content in the 2024 cycle.
- Status
- enacted
- Jurisdiction
- Brazil
- Effective
- Feb 2024
- Statute
- LGPD + Marco Civil + TSE Resolution 23.732/2024
Brazil's most distinctive deepfake regulation is at the electoral level: a 2024 TSE (Tribunal Superior Eleitoral) resolution effectively prohibiting AI-manipulated content in election campaigns. More general deepfake regulation operates through LGPD (data protection) and existing defamation law.
Key provisions
TSE Resolution 23.732/2024. Applied to the 2024 Brazilian municipal elections. Prohibited:
- Use of deepfake technology to produce or distribute content with electoral purpose.
- AI-generated content depicting candidates without clear labeling.
- Use of synthetic media to impersonate candidates, public figures, or to falsify events.
Penalties include fines, campaign disqualification, and mandatory content removal. The resolution was among the most aggressive election-cycle deepfake rules passed by any national electoral authority in 2024.
LGPD (General Data Protection Law). Covers biometric data including voice and facial features. Unauthorized creation of deepfake content depicting an identified person implicates LGPD independently of electoral law.
Marco Civil da Internet. Brazil's framework for internet rights. Article 19 sets platform liability for user content (generally limited to after-notice-and-take-down), affecting deepfake content moderation obligations.
Criminal Code — Defamation and False Communications. Covers deepfakes that defame or impersonate.
Proposed federal AI law (PL 2338/2023). Approved by the Senate in December 2024 and still under consideration in the Chamber of Deputies as of July 2026. It would add horizontal AI regulation, including deepfake-relevant transparency provisions, but it has not been enacted.
Enforcement context
The TSE Resolution had real effect: during the 2024 campaign cycle, multiple AI-manipulated videos were ordered removed, candidates fined, and content creators prosecuted. This made Brazil one of the more visible 2024 examples of pre-positioned electoral deepfake regulation actually functioning.
Practical implications
For organizations operating in Brazil:
- Political campaigns: TSE regulation is strict; every piece of AI content requires labeling or prohibition depending on context.
- Platforms: takedown compliance under TSE orders is mandatory during election windows.
- AI service providers: LGPD compliance for biometric data is foundational; PL 2338 should be tracked but is not yet an enacted federal AI law.