A preliminary decision that released Amazon to comply with the precautionary measure issued by the National Telecommunications Agency (Anatel) that banned the sale of unapproved cell phones in Brazil was suspended this Monday (30). This attitude was taken by Carlos Muta, president of the Federal Regional Court of the 3rd Region (TRF3).
This injunction was granted to the company in July this year by 17th Federal Civil Court of São Paulo and the new decision refutes its main points. For example, the alleged violation of the Marco Civil da Internet and the agency’s possible incompetence to impose certain orders on marketplace platforms.
In general, Anatel gave companies a deadline of 25 to remove advertisements for products without certification, under penalty of a daily fine of E# 200 to R$ 6 million. Judge Carlos Muta, in turn, mentioned in his decision that:
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