Mobile Time – 06/03/2026
By Henrique Medeiros
THE Abes (Brazilian Association of Software Companies[Name of the organization] presented its proposed regulatory agenda for 2026. The 28-page document, covering 26 priority ICT themes for Brazil, addresses topics such as cybersecurity and digital sovereignty, but primarily suggests the creation of a... Ministry of Artificial Intelligence, Digital Transformation and Digital Infrastructure.
In a conversation with the specialized press this Friday, the 6th, the president of Abes, Andriei Gutierrez, explained that this initiative stems from the need to centralize the country's technological governance, something that is currently fragmented across the Esplanada dos Ministérios (government ministries area), such as:
- MCTI with PBIA and a more academic approach, with research and development;
- MDIC with New Industry Brazil;
- Ministry of Finance with the Redata.
In Gutierrez's view, decentralization and the lack of someone to "beat the drum," to "set the agenda," and to highlight the importance of digital transformation for the Brazilian economy in the long term is something that generates conflicts. He gave as examples the recent increase in tariffs on ICT equipment applied by Gecex, which clashes with Redata, or the AI Regulatory Framework under discussion in the National Congress, which does not align with PBIA.
The representative stated that this is not a closed format, but rather the idea of presenting a "cornerstone" to bring the topic of digital transformation to the national debate, since the creation of this ministry in 2026 is practically unfeasible.
Marcelo Almeida, director of government relations for the association, emphasized that the idea is to give "governance centrality" to digital transformation. In other words, an entity within the federal government capable of providing political centrality, as well as setting goals and perspectives.
Abes in three axes
In your document, ABES is focusing its 2026 regulatory agenda on digital transformation, divided into three pillars:
- Artificial intelligence;
- Digital infrastructure;
- Cybersecurity.
Although AI is considered the "icing on the cake" among the topics, Gutierrez stated that it is impossible to develop this cutting-edge technology without a solid data and infrastructure policy. Similarly, the president of ABES defends the need to attract skilled labor (such as professionals from Latin American countries), something that would involve a broader debate on migration policies.
Within the three main areas, another theme that permeates the agenda is what Abes considers to be... “competitive digital sovereignty”, that is, a concept that allows a digital sovereignty A more open approach, without closing the Brazilian market, creating market reserves, or punishing big tech companies and international solution providers. This format takes into account the fact that 70% of the software used in Brazil comes from abroad; therefore, the inclusion and exchange of technology are essential.
ECA Digital
In the short term, one of Abes's main areas of concern is the implementation of ECA Digital. The association views the deadline for implementing regulations to protect children and adolescents with concern and considers it too short. Initially, companies were given six months to adapt, a date that ends on March 17th.
Luiz Prado, leader of the ECA Digital working group within the association, explained that the deadline is insufficient, especially for small businesses that do not have the same capacity as large companies to adapt, and the time available for the regulator (ANPD) to adapt. Among the main problems that the working group observed are:
- The lack of regulatory parameters, given that the law contains broad and subjective concepts that require official guidelines from the ANPD (National Data Protection Authority);
- The risk of exclusion and friction, such as the requirement for facial biometrics to verify age, is a regulation that could penalize platforms and apps from smaller companies that are not prepared, or a large segment of the population that does not have access to modern cell phones.
According to Prado, the ideal timeframe for implementation would be one year. However, to avoid a major shock to the market and legislation, the most likely scenario foreseen by Abes is a gradual enforcement. He also pointed out that Brazilian law is unique and includes more open aspects, such as: not explicitly prohibiting the use of social networks for children under 16 years of age, but requiring parental or guardian supervision; and other more specific market considerations, such as the prohibition of loot boxes in games.
Without this gradual action or a longer timeframe, Eduardo Paranhos, leader of the AI working group at ABES, believes there is a risk of "technical and regulatory difficulties," since there would be no clear interpretation and direction of the Digital ECA (Statute of the Child and Adolescent). Therefore, the application of the new law could lead to fragmented litigation with "case-by-case" application, which could generate legal uncertainty in the country.
