Article 40 of Law No. 15.211/2025 concentrates the essence of the legal representation requirement in Brazil. Many foreign companies designate "a representative" on paper only, without attention to the powers the law actually requires. The result is an apparent compliance that unravels at the first judicial notice.
What the law requires in terms of powers
The legal representative must formally hold powers to (i) receive subpoenas, summons, and administrative and judicial notices, (ii) respond to regulatory obligations before Brazilian authorities, (iii) represent the company in administrative and judicial proceedings, and (iv) execute decisions, orders, and determinations involving the platform.
These powers must be formalized through legal instruments valid in Brazil — typically a public power of attorney, aligned with a corporate structure that ensures authority and continuity.
Receiving subpoenas and notices
The first — and most frequently exercised — power is the formal receipt of subpoenas and notices. Without a legally qualified representative in the country, authorities face the classic problem of "whom to summon?", which used to stall processes or lead to complex international summons. The law removes that friction: authorities summon the representative, and the platform responds.
This implies strict regulatory deadlines: 5, 15, or 30 days depending on the act. A representative without an operational receiving and triage structure delivers expired deadlines, generating default, fines, and escalation.
Administrative and judicial response
The representative also formally responds on behalf of the company in administrative proceedings before ANPD, the National Center for the Protection of Children and Adolescents, and other bodies, and acts in judicial proceedings in Brazil. This role requires legal coordination with outside counsel — the representative is the institutional interface, not the case attorney.
We structure this interface with rigorous governance — see how our notice management works.
Structuring pitfalls
Three common mistakes undermine the validity of representation: (i) granting limited or vague powers, insufficient to respond to regulatory obligations; (ii) using natural-person attorneys when the law requires a legal entity; (iii) keeping a representative without real operational structure to receive, log, and respond to formal acts. Partner selection must cover, legally and operationally, every requirement of Article 40.
Well-structured representation is a layer of institutional protection. Poorly structured representation is a hidden liability.