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Large Marketplaces Face Actions from Anatel Due to the Sale of Irregular Electronics, with Million-Dollar Fines That Could Transform Online Commerce in Brazil and Shake Up the Game of Major Technology and Digital Retail Companies.
The sale of irregular electronic products has been an increasing concern in Brazil, especially in large marketplaces like Mercado Livre.
According to the National Telecommunications Agency (Anatel), a large portion of the seized counterfeit electronics in the country originates from these online platforms.
Anatel’s superintendent of oversight, Gesiléa Fonseca Teles, revealed at a press conference on Monday (26) that many of these devices do not pass the required certification and circulate with fraudulent invoices, causing losses to the tax authorities and risks to consumers.
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According to Anatel data, fines totaling R$ 7 million have already been imposed against platforms that sell irregular electronic devices, such as smartphones, drones, and laptops.
Mercado Livre, an Argentine-origin platform, leads the fines, accounting alone for over R$ 6 million of that total.
This amount reflects the result of various inspections carried out at the distribution centers of these companies.
Electronic piracy significantly impacts Brazilian public finances.
According to estimates from the Brazilian Association of Electrical and Electronics Industry (Abinee), the illegal smartphone market caused a tax evasion of approximately R$ 3.5 billion in 2024.
The organization also estimates that more than 5.46 million unapproved smartphones were sold in the country last year, while the Federal Revenue Service seized around 650,000 smuggled devices.
Other major retailers such as Amazon, Americanas, Magazine Luiza, and Shopee have also been fined for the sale of irregular products.
The companies, according to information, have already been notified and are appealing administratively against the sanctions.
However, Mercado Livre and Amazon are legally contesting Anatel’s authority to regulate e-commerce and the internet, claiming that these activities exceed the scope defined by the law governing the regulator.
Anatel’s Authority and Court Decisions
Anatel’s superintendent, Gesiléa Fonseca Teles, stated that the agency has already obtained favorable provisional decisions in courts, recognizing marketplaces’ responsibility in selling these illegal devices.
The judgment of the appeals is scheduled for June, and a definitive decision could lead to the temporary or permanent blocking of the sites.
Moreover, Anatel maintains a precautionary measure that allows imposing fines that could reach R$ 50 million and even require the suspension of platforms that do not remove advertisements for irregular products.
In the first detailed inspection in June, the agency found that 43% of the devices sold on Mercado Livre were counterfeit, a percentage exceeded only by Amazon, where the index reached 51.25%.
The majority of these ads offered smartphones.
Regarding the allegations, Mercado Livre claims it received the criticisms with surprise.
François Martins, the company’s government relations director, explained that the latest official report from Anatel, released in July 2024, indicated only 5.8% of illegal phones on the platform — a number within the maximum allowed limit of 9%.
According to him, the company has implemented strict measures to ensure that sellers only offer certified products available in a restricted catalog.
However, Gesiléa Teles emphasizes that oversight remains in effect, and the precautionary measure is still active, with no definitive penalties applied at this time.
Intensified Oversight and Seizures
On Monday (26), Anatel intensified its oversight operations at the distribution centers of Mercado Livre, Amazon, and Shopee, spread across São Paulo, Rio de Janeiro, Santa Catarina, Minas Gerais, Goiás, and Bahia.
During these actions, irregular drones and smartphones have already been seized, and the operations will continue until Tuesday (27).
According to Anatel’s president, Carlos Baigorri, marketplaces are the main entry point for these illegal products in Brazil, facilitating consumer access to uncertified devices.
The oversight is conducted based on monitoring online ads, which supports visits to company facilities to curb the circulation of these products.
Amazon, for its part, states in a note that it does not sell irregular products and requires its partners to only offer duly licensed and certified items.
The company also reaffirms its commitment to Anatel since 2023, maintaining ongoing collaboration to protect Brazilian consumers.
Impact and Opinions of Sector Entities
The Brazilian Chamber of Digital Economy (camara-e.net) considers that blocking the sites would be an extreme measure that would affect millions of users and merchants.
According to the entity, platforms invest in technology and specialized teams to detect and quickly remove irregular ads, often preventing even the posting of these ads.
The majority of smuggled products are sold by small stores hosted within the marketplaces, many of which are operated by merchants of Chinese origin offering brands such as Xiaomi, RealMe, and Oppo.
These devices do not meet Brazilian quality standards and are sold at low prices, usually with fake invoices.
Mercado Livre highlights that it also suffers from document fraud perpetrated by these sellers.
In addition to the financial impact, Anatel warns about risks to consumer safety, as unapproved devices do not undergo rigorous testing and may exhibit severe failures, such as battery explosions.
Notifications and Joint Actions
In December 2024, the Ministry of Justice notified Mercado Livre and Amazon due to the sale of irregular devices.
The National Consumer Secretary (Senacon) identified that many registered sellers only with CPF are making significant sales without issuing invoices, violating the Consumer Defense Code.
Joint operations by the Federal Revenue Service and state civil police in Mato Grosso and Paraná revealed that one of the main entry routes for smuggled electronics is the border with Paraguay, in addition to airports receiving products without the proper documentation.
Recently, federal deputy Vitor Lippi (PSDB-SP) proposed a bill to hold marketplaces accountable for tax evasion generated by the smuggling of electronic devices, seeking to strengthen efforts against digital piracy.
Perspectives and Developments
The fight against the sale of pirated electronics on online platforms has been intensified, but the legal dispute over Anatel’s authority remains a hurdle.
Meanwhile, consumers and the government are attentively monitoring the developments of the actions, which may redefine the future of e-commerce in Brazil.
Have you ever had any experience with irregular electronic products purchased online?
What do you think should be done to protect the Brazilian consumer? Share your opinion in the comments!
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