# Brazilian election internet access legal dispute

> Live situation record from CLSTR: https://clstr.news/situations/brazilian-election-internet-access-legal-dispute
> Updated: 2026-09-26T19:56:24.000Z. Sources: 55. Developments: 3.

The Brazilian Supreme Court has ordered the National Telecommunications Agency (Anatel) to provide information regarding a legal request to ensure uninterrupted mobile internet access during the 2026 elections.

Supreme Court Justice Cristiano Zanin has issued a 48-hour deadline for Anatel to respond. Additionally, the Attorney General's Office (AGU) and the Prosecutor General's Office (PGR) have been ordered to submit their technical and legal opinions within the same timeframe.

The Green Party (PV) and the National Confederation of Education Workers (CNTE) filed the action, arguing that current data cap restrictions may prevent citizens from accessing news and search engines. They contend this could leave voters reliant on zero-rated applications, which may facilitate the spread of misinformation. The plaintiffs are seeking a preliminary injunction to suspend data blocking 72 hours before and 24 hours after each election round.

Supporting the proceedings is a study by Sleeping Giants Brasil, which indicates that 64.1 million connected Brazilian adults experience data cap exhaustion at least once a month.

In response, Anatel has warned Justice Zanin that providing unrestricted access could lead to traffic spikes capable of disrupting mobile connectivity near polling stations. The agency emphasized that mobile networks are constrained by a limited electromagnetic spectrum, making them vulnerable to massive surges in downloads and streaming. Anatel also contested the plaintiffs' arguments, stating that combating fake news involves social and regulatory challenges rather than connectivity issues. The agency cited a 2025 study indicating that 70% of prepaid users rely on fixed Wi-Fi connections to manage data usage, suggesting that connectivity limits may not be the primary driver of misinformation.

## Claims

- The CNTE and PV filed a lawsuit requesting unrestricted mobile internet access 72 hours before the first round of elections. (corroborated by 28 sources)
- Supreme Court Justice Cristiano Zanin set a 48-hour deadline for Anatel to respond to a request regarding mobile internet access during elections. (corroborated by 24 sources)
- The plaintiffs argue that data caps prevent access to professional news and search engines, potentially facilitating misinformation via zero-rated apps like WhatsApp. (corroborated by 23 sources)
- The Attorney General's Office (AGU) and the Prosecutor General's Office (PGR) must also provide technical and legal opinions within 48 hours. (corroborated by 22 sources)
- A study by Sleeping Giants Brasil indicates 64.1 million connected Brazilian adults experience data cap exhaustion at least once a month. (corroborated by 6 sources)
- Anatel warned that unrestricted mobile internet access during elections could cause traffic peaks capable of interrupting connectivity, especially near polling stations. (corroborated by 2 sources)
- An Anatel survey found that 70% of prepaid mobile users utilize fixed Wi-Fi connections to avoid exhausting their mobile data plans. (corroborated by 2 sources)

## Timeline

### 2026-09-26: Anatel warns Brazil's Supreme Court of election internet risks

Anatel warned Brazil's Supreme Court that providing free mobile internet during elections could cause network collapses and connectivity failures, especially near polling stations.

17 sources. https://clstr.news/cluster/anatel-warns-free-mobile-internet-could-collapse-networks-during-elections

### 2026-09-24: Anatel ordered by Supreme Court to address mobile data access for elections

Brazilian Supreme Court Justice Cristiano Zanin has ordered Anatel to respond within 48 hours to a request to suspend mobile data caps during the 2026 elections to ensure equitable access to information.

40 sources. https://clstr.news/cluster/brazilian-entities-seek-free-internet-access-before-elections

### 2026-09-22: Anatel reviews IoT regulation as Brazil's connected device market grows

Anatel is reviewing IoT and M2M regulations in Brazil as connected device accesses reached 47.3 million in 2024, driving demand for more robust data infrastructures.

3 sources. https://clstr.news/cluster/anatel-reviews-iot-regulation-as-brazils-connected-device-market-grows

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Cite as: Brazilian election internet access legal dispute. CLSTR, https://clstr.news/situations/brazilian-election-internet-access-legal-dispute
