Foreign TV commercials ban declared unconstitutional in Brazil

Brazilian Supreme Federal Court declared unconstitutional the article 25 of the pay TV law (12.485/2011), which indicates that TV programmers cannot offer channels containing commercials of foreign agencies.

The debate on this issue in the Justice had begun in 2013. To take the resolution, the Supreme Court considered the principles of equality and free competition.

One of the ministers of the court, Luiz Fux, said that local agencies are not at a disadvantage compared to foreign agencies in the Brazilian advertising market. Meanwhile, another minister, José Dias Toffoli, considered that the advertising agencies of Brazil are among the best in the world and, therefore, it makes no sense to make a reservation to guarantee them a space in the pay TV market.