1. Introduction
Domain names are textual references that simplify access to network resources. Instead of using a numerical IP address, one can use a domain name to access websites and identify services, companies or individuals on the internet.
Although they represent valuable assets for businesses, domain names do not enjoy a protection regime similar to industrial property rights such as trademarks or patents. In Brazil they are treated as administrative concessions, conditional on compliance with certain technical and legal rules. Management of the top-level domain (the final part of a website address) with country code .br and its subdivisions is governed by public-law and self-regulatory norms, as well as private adhesion contracts.
The purpose of this article is to describe the Brazilian legal regime applicable to domain names by presenting the applicable rules, registration requirements, available categories, restrictions, dispute-resolution procedures and the responsibilities of holders. The aim is to guide foreign investors who intend to establish a digital presence in Brazil on the care needed to choose, register and maintain a domain name under .br.
2. Institutional framework and applicable rules
2.1 Internet Steering Committee and NIC.br
The Brazilian Internet Steering Committee (CGI.br) was established by Federal Decree No. 4.829 of 3 September 2003 to set guidelines related to the internet in Brazil. Among its functions are defining rules for the allocation of IP addresses and for the registration of domain names under the country code .br. The decree authorizes the delegation of registration and maintenance activities for .br to a non-profit entity.
That entity is the Núcleo de Informação e Coordenação do Ponto BR (NIC.br), a private non-profit association created to implement CGI.br decisions. The NIC.br statutes provide that the association’s purpose is to register domain names under .br, distribute IP addresses and operate the registration infrastructure, and that it must comply with CGI.br determinations.
Registro.br is the NIC.br department responsible for operating the domain name registration system. All requests for delegation, maintenance, cancellation and transfer of domain names are made electronically via the registro.br website and are governed by adhesion contracts and CGI.br resolutions. Brazil’s domain-name regime does not derive directly from legislation but from CGI.br resolutions (infralegal norms), Registro.br adhesion contracts and specific conflict rules (SACI-Adm), so a combined reading of these instruments is essential.
2.2 CGI.br resolutions
The fundamental rules for registering domain names under .br are contained in CGI.br Resolution 2008/008, which establishes procedures and criteria for delegating, reserving, cancelling and releasing names. This resolution was later amended by Resolution 2017/031 regarding the procedure for releasing cancelled domains, and complemented by Resolution 2010/003, which created the Administrative System for Internet Conflicts (SACI-Adm).
Resolution 2005/001 formally delegated the execution of domain registration to NIC.br and attributed to CGI.br the competence to establish policies. Resolution 2005/002 contains a list of domain categories and respective requirements, reinforcing the division of .br into different second-level domains (DPNs).
In addition to these resolutions, the regime is completed by the Terms of Adherence for Registration of a Domain Name under .br, the adhesion contract available from Registro.br, and by the SACI-Adm Regulation, which governs conflict resolution.
3. Registration requirements and procedures
3.1 Who can register.
According to Resolution 2008/008, the following may register domain names under .br:
- Legal entities legally established in Brazil – companies, associations, public bodies and other entities with regular registration with the Federal Revenue Service. The domain must be registered in the name of the legal entity, and its CNPJ number is used for identification.
- Professionals legally established in Brazil, when the domain category is restricted to the profession (for example, .adv.br for lawyers, .eng.br for engineers); proof of registration with the relevant professional council is required.
- Individuals resident in Brazil, for categories intended for personal use (such as .nom.br, .blog.br and others).
- Foreign companies without a place of business in Brazil may obtain provisional registration by appointing a legal representative in the country, submitting authenticated documents and declaring that they will start activity in Brazil within 12 months.
3.2 Technical requirements for domain names
Domain names must comply with the following technical criteria established by Resolution 2008/008:
- Length – the label (the part before .br) must contain between 2 and 26 characters.
- Permitted characters – letters (a–z), numbers (0–9), hyphen (-) and accented characters (á, é, í, ó, ú, ç, ã, õ etc.).
- Prohibitions – the name may not consist exclusively of numbers and may not begin or end with a hyphen. Names that become identical when accents and hyphens are removed are considered equivalent and cannot coexist.
- Responsibility for choosing – it is solely the applicant’s duty to choose a name that does not violate the law, third-party rights or offensive terms. There is no prior examination by CGI.br, so any violation is the responsibility of the holder.
3.3 Registration procedure and duration
Registration is carried out entirely electronically. Users must access the Registro.br portal, fill out the form, indicate contact persons and DNS servers and agree to the Terms of Adherence. Only after payment of the maintenance fee is the domain effectively delegated to the holder for a period of one to five years. The annual value is set by NIC.br with CGI.br approval; since 2017 the value for one year has been BRL 40, with progressive discounts for longer periods.
The holder may register the same domain for more than one year by paying in advance. Failure to pay the annual fee implies suspension of the domain name and, subsequently, cancellation, after which it becomes available for registration by third parties.
3.4 Categories and restrictions
The .br is structured into multiple first level domains (DPNs), which are categories available for registration. These categories may be restricted, generic, professional or personal. Resolution 2008/008 and the annex to Resolution 2005/002 list the main categories and their requirements, described below.
3.4.1 Restricted categories
Intended for specific segments, they require documentary proof:
- .gov.br – for bodies of the direct or indirect administration; requires an official act authorizing the request.
- .mil.br – for military organizations.
- .edu.br – for higher education institutions accredited by the Ministry of Education; proof of accreditation is required.
- .g12.br – for basic education schools (primary and secondary). There are regional subcategories such as .g12.sp.br linked to each state.
- .gov.br and .leg.br – aimed at the public administration and legislative bodies; these names are reserved subject to central approval.
- .coop.br – for duly constituted cooperatives.
- .psi.br – for internet access providers.
3.4.2 Generic categories
Destined for companies and organizations of any sector and requiring no documentation beyond a CNPJ:
- .com.br – the most common category for commercial and business activities.
- .net.br – originally for network service providers; now widely used.
- .org.br – for non-profit organizations, associations and foundations.
- .agr.br, .emp.br, .ind.br, .tur.br, .art.br, .eco.br – aimed at specific sectors (agribusiness, businesses, industry, tourism, arts, ecology) but without mandatory documentation.
- New categories – In September 2025 NIC.br created the DPNs .api.br, .ia.br, .social.br and .xyz.br for companies and individuals in technology, artificial intelligence, social networks and innovation.
3.4.3 Professional categories
Exclusive to professionals registered with professional councils, they require the registration number and allow only one domain per professional. Examples: .adm.br (administrators), .adv.br (lawyers), .arq.br (architects), .bio.br (biologists), .eng.br (engineers), .vet.br (veterinarians) and .vlog.br, among others. Proof of registration (professional council card or license) must be sent to Registro.br.
3.4.4 Personal and hobby categories
For individual use, allowing natural persons to register their name or pseudonym on the internet. Main examples:
- .nom.br – for personal names (e.g. joaosilva.nom.br).
- .blog.br – for blogs or personal sites.
3.5 Term restrictions and equivalence
Regardless of category, domains cannot be delegated if they:
- Are contrary to law, morality or induce error, including offensive or discriminatory names or names likely to mislead the public.
- Reproduce acronyms of governmental bodies or well-known public abbreviations.
- Violate third-party rights, such as registered trademarks, company names, personal names or titles of works. There is no prior examination, but the holder is liable if the name infringes another’s right and may lose the domain.
- Are reserved or blocked – certain lists of prohibited or reserved names (such as city names) cannot be delegated without authorization.
- Are equivalent to another already registered name, when conversion of accented characters and removal of hyphens results in coincidence (e.g. ação.com.br and acao.com.br).
4. Obligations of the holder and of NIC.br
4.1 Responsibilities of the holder
The registration contract provides that the domain holder assumes full responsibility for the choice and use of the name. Main obligations include:
- Choosing a lawful name that does not violate third-party rights, is not offensive and does not reproduce governmental acronyms.
- Keeping their data up to date.
- Configuring and maintaining DNS servers.
- Paying the annual maintenance fee.
- Complying with judicial determinations or SACI-Adm decisions.
4.2 Obligations of NIC.br / Registro.br
Under the contract and resolutions, NIC.br undertakes to:
- Delegate the name to the holder after the requirements are met and publish the delegation.
- Maintain the database and infrastructure, ensuring availability of the service.
- Cancel or transfer domains when requested by the holder, by court order or after a SACI-Adm decision.
- Send billing communications and relevant information to the billing contact.
- Process personal data in accordance with the General Data Protection Law (LGPD).
4.3 Cancellation of domains
A domain may be cancelled in the following cases:
- At the holder’s request – the holder may relinquish the domain at any time, with no refund of fees paid.
- Non-payment – failure to pay the annual fee results in suspension and, after a grace period, cancellation.
- Use of false data or absence of documents – submitting false documents or not providing required documentation results in cancellation.
- By court order or SACI-Adm decision.
- By violation of CGI.br rules, such as abusive or offensive use.
5. Dispute resolution: SACI-Adm
5.1 Creation and objectives
To resolve domain disputes quickly and with specialized expertise, CGI.br instituted the Administrative System for Internet Conflicts (SACI-Adm). Resolution 2010/003 authorized implementation of the system and delegated to NIC.br the selection of accredited institutions to conduct the procedures. The SACI-Adm Regulation (revised in 2022) stipulates that the procedure seeks to decide on the maintenance, transfer or cancellation of a domain, without awarding compensation. Accredited institutions include the Dispute Resolution Chamber for Domains (CASD-ND) of the Brazilian Intellectual Property Association (ABPI).
5.2 Procedure details
Any person or company that feels harmed by a domain registration may file a complaint with an accredited institution, provided that they show:
- That the domain name is identical or confusingly similar to a trademark registered at the National Institute of Industrial Property (INPI), a well-known mark, a company name, business name, personal name, pseudonym or character.
- That the holder of the domain has no right or legitimate interest in the name; and
- That the domain was registered or is being used in bad faith, such as for the purpose of selling it to the complainant, preventing the legitimate holder from registering, harming a competitor or attracting users by deception.
The complaint is an administrative procedure sui generis, distinct from arbitration. The complainant must specify whether they seek transfer or cancellation of the domain and may choose between one or three experts.
Upon receiving the complaint, the institution notifies the domain holder by e-mail and informs NIC.br, which freezes the domain (preventing its transfer). The holder has a deadline to present a defense, including evidence of their right (e.g. trademark registration, prior use, authorization), contesting bad faith and choosing the number of experts. Experts decide based on Brazilian law and the evidence presented. NIC.br has 15 days to implement the decision, maintaining, transferring or cancelling the domain. The SACI-Adm Regulation sets a maximum term of 90 days, extendable in exceptional circumstances. Costs vary according to the institution, number of domains and number of experts; all decisions are public.
6. Interaction with other rights
Use of a registered domain may conflict with trademarks, company names or personal names:
- Trademarks – before registering a domain, it is advisable to search the INPI trademark database. Registration of a trademark protects against the use of identical or similar signs for related goods or services; if a domain reproduces someone else’s mark, the trademark holder may seek transfer or cancellation through SACI-Adm or the courts.
- Company name – the Civil Code defines company names as identifying the legal person; use of the company name in a domain without authorization may constitute unfair competition.
- Personality rights – personal names, well-known pseudonyms and titles of artistic or scientific works are protected by civil law. Unauthorized use in a domain violates the right to a name and may give rise to damages.
7. Recommendations for investors
For companies and foreign investors who intend to enter the Brazilian market, practical recommendations include:
- Careful choice of name – conduct searches of domain availability, trademarks in the INPI, company names and other rights before registering.
- Selecting the appropriate DPN – choose the category that best represents your business. Companies generally use .com.br, but sectors may benefit from categories such as .agr.br or .eco.br. The new categories .api.br, .ia.br, .social.br and .xyz.br may be suitable for technology and innovation.
- Arrangements for foreign companies – foreign companies without a Brazilian presence may obtain provisional registration by proxy and an undertaking to start activities within 12 months. Many open subsidiaries or appoint representatives in Brazil for ease of administration.
- Portfolio management – consider registering variations of the name with and without hyphens and in distinct categories to avoid appropriation by third parties. Equivalent variations (removing accents and hyphens) cannot coexist, but distinct variations (e.g. .com.br and .net.br) are independent.
- Attention to deadlines – monitor renewal periods; missing payment may lead to loss of the domain.
- Preparation for disputes – in case of rights violations, the SACI-Adm may be used to seek transfer or cancellation.
For foreign investors, understanding the rules on domain names in Brazil is essential for building a solid digital presence. Planning registration, choosing the appropriate category, keeping documentation regular and paying attention to obligations and deadlines reduces risks.
Authors: Glauco Alves Martins
Sperling Advogados
Av. Nove de Julho, 4.939 – 6º andar – Torre Jardim
BR-01407-200 São Paulo – SP
Tel (11) 3704 0788