Yes, jailbreaking devices is legal in Brazil under specific conditions, primarily when performed for interoperability or security research, as per the Brazilian Civil Rights Framework for the Internet (Marco Civil da Internet, Law No. 12.965/2014) and the Consumer Defense Code (Law No. 8.078/1990). The Superior Court of Justice (STJ) has ruled that such actions do not inherently violate copyright laws if they do not circumvent technological protection measures for piracy. However, unauthorized modifications that enable software piracy or bypass digital rights management (DRM) remain illegal under Law No. 9.609/1998 (Software Law) and the Penal Code’s provisions on computer crimes (Articles 313-A and 313-B). The National Telecommunications Agency (Anatel) also imposes restrictions on modified devices to ensure network integrity and user safety.
Key Regulations for Jailbreaking Devices in Brazil
- Interoperability Exception: Jailbreaking is permitted if the primary purpose is to enable compatibility with third-party software or hardware, as outlined in Article 6 of the Consumer Defense Code, provided it does not infringe copyright or DRM protections.
- Security Research Exemption: Ethical hacking and security testing for vulnerability assessment are tolerated under Article 42 of the Marco Civil da Internet, but must comply with Brazil’s data protection laws (LGPD) and avoid unauthorized access to proprietary systems.
- DRM Circumvention Ban: Bypassing DRM for copyright infringement (e.g., pirating paid apps) violates Law No. 9.609/1998 and may result in civil liability or criminal charges under Article 184 of the Penal Code, with penalties up to 4 years imprisonment.