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Amazon overturns Anatel’s ruling against pirated cell phones in court

Amazon overturns Anatel’s ruling against pirated cell phones in court


After taking Anatel to court, Amazon gets a favorable opinion and manages to suspend the penalties provided for by the new precautionary measure against pirated cell phones

A Amazon sued Anatel and managed to suspend the sanctions provided for by the new precautionary measure to curb the sale of pirated cell phones in Brazil. On June 26, the e-commerce giant filed an appeal with the Federal Court, which issued a favorable opinion on the case. A Anathele You can still appeal to review the decision.



In the document obtained from CanaltechAmazon argues that Anatel does not have the authority to impose sanctions and that “the measures imposed are disproportionate to the objectives pursued.”

The e-commerce giant agrees that the trade of irregular products must be curbed. However, the company considers the agency’s attitude extremewhich threatens not only to impose daily fines of up to R$6 million, but also to take offline the websites with the products.

The lawsuit also states that, according to Anatel’s Internal Regulations, in order for a site to be deactivated, there must be “a serious and irreparable danger” for consumers. The company’s defense argues as follows:

“However, there is no evidence in the file that indicates imminent harm to the consumer that would justify the immediate application of extreme measures such as blocking the domain, which in the case of the signatory is equivalent to closing the establishment itself for companies that operate physically.”

On July 1, the 17th Federal Civil Court of São Paulo accepted Amazon’s arguments and ruled suspension of all punishment from Anatel, until the final pronouncement of the case.

According to Marcos Rucinski Spiess, a lawyer and professor in Brasilia, the judge in charge of the proceedings granted the injunction because he believed that Anatel did not have the competence to supervise and regulate companies like Amazon, which act as an intermediary in the sale of products.

“According to the current legislation, Anatel is responsible for monitoring and regulating the activities of companies that offer products or provide services in the telecommunications sector. Amazon is not a company that provides telecommunications services or directly places telecommunications products on the market. What it does is act as an intermediary in the sale of these products. The company as an intermediary would be outside the control of Anatel.”

The lawyer also explained that higher courts have already deemed Anatel’s claims inadmissible. “If Amazon had to control every product put on the market by third parties, it would be a completely unfeasible job,” the lawyer commented.

According to Marco Civil from the Internet, Anatel can remove harmful products from online stores and even block websites, but only with a court order. “In this law, something can only be deleted from the site with a court decision that specifically analyzes a publication or an advertisement. Anatel’s decision is preliminary and administrative, which is why the judge also declared it incompetent,” Spiess concluded.

In contact with the CanaltechAmazon said it “does not comment on ongoing litigation.”

The action is being conducted at the Federal Court and should reach the Federal Attorney General’s Office by next Thursday (11).

Mercado Livre could also receive sanctions




Percentage of non-Anatel-approved cell phones sold in Brazil (Image: Anatel/Disclosure)

Decision ordinance number 5.657/2024 published in the Official Journal on 21 June sets out penalties for retailers selling unapproved mobile phones (smuggled and imported without paying taxes) into the country.

In addition to Amazon, the Free market is among the companies classified as “non-compliant” that could receive sanctions starting this Saturday (6).

OR Canaltech He has already contacted Mercado Livre’s press office, but has not yet received an official statement from the company. This article will be updated with new information.

Trends on Canaltech:

Source: Terra

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