Decree Regulates the Legal Framework for the Electronic Games Industry in Brazil and Sets Guidelines for the Sector

Decree Regulates the Legal Framework for the Electronic Games Industry in Brazil and Sets Guidelines for the Sector

On October 14, 2026, Decree No. 13,138/2026 was published, regulating the Legal Framework for the Electronic Games Industry (Law No. 14,852/2024). The Decree sets guidelines for the development of the Brazilian electronic games industry, with measures to encourage domestic production, train and qualify professionals, foster technological development, and promote Brazilian games in the international market. It also addresses the use of electronic games in health, training, and capacity-building initiatives, and governs matters related to esports, intellectual property, and the protection of children and adolescents.

In the field of intellectual property, Article 20 provides that the Brazilian National Institute of Industrial Property (INPI) shall establish the procedures for registering electronic games as a means of protecting industrial property rights, with the aim of making this process simpler and more efficient. INPI opened a public call for input (tomada pública de subsídios) on the matter in August, but suspended it indefinitely. In parallel, Article 21 ensures that the author of the elements that make up electronic games is afforded, according to the nature of each right, the protection provided under the Software Law (Law No. 9,609/1998) and the Copyright Law (Law No. 9,610/1998).

As for esports, the Decree defines them as competitive sporting activities, practiced individually or in teams through electronic games, according to previously established rules and criteria for determining results (Article 18). Competitive practices may take place in different modalities and formats, such as championships, tournaments, and leagues, subject to sports legislation and the autonomy of sports organizations. These organizations may join the National Sports System (Sinesp), and the Ministry of Sports will be responsible for including esports in public sports policies, such as sports training, athlete development, and support for competitions (Article 19).

The regulation also addresses the protection of children and adolescents. Under Article 22, the implementation of the Legal Framework must comply with Decree No. 12,880/2026, which regulates the Digital Statute of Children and Adolescents (ECA Digital – Law No. 15,211/2025). That decree already sets out rules relevant to the sector, such as age verification for games with loot boxes or the offering of versions without this feature to children and adolescents.

To foster the Brazilian industry, the Decree allocates responsibilities among federal bodies. The National Film Agency (Ancine) will be responsible for regulating the sector’s access to the incentives under the Audiovisual Law, proposing criteria for projects funded by the Audiovisual Sector Fund, and defining when a Brazilian game qualifies as an independent production (Article 6). The Ministry of Development, Industry, Trade and Services (MDIC) will coordinate actions for industrial and technological development, investment attraction, and exports (Articles 13 and 14), while the Federal Revenue Service and the other authorities involved in foreign trade must simplify the import of tools essential to game development (Article 3).

The regulation further covers uses of electronic games that go beyond entertainment. In the health field, the Ministry of Health will define what constitutes therapeutic purposes, as well as the usage parameters and the technical and sanitary requirements applicable to games used for that purpose (Article 16). Games used in simulation-based training, in turn, must meet minimum parameters, such as alignment with learning objectives, safety, personal data protection, and human oversight (Article 17).

Finally, the Decree creates Game Brasil, a free public platform coordinated by the Ministry of Culture (MinC) to catalog, publicize, and promote Brazilian electronic games, with information on how to access them and the platforms on which they are available (Article 8). MinC may also maintain a repository of publicly funded games for use by public education, research, and health institutions, subject to intellectual property rights and the conditions of the respective funding instruments (Article 9). The Ministry of Education, in turn, may encourage training, research, and innovation initiatives related to electronic games (Article 12).

The decree can be accessed via the following link: d13138

Note: For quick release, this English version is provided by automated translation without human review.