This is a guide for international companies interested in operating in the Brazilian edtech industry. Here, you will find a fast and introductory summary with indispensable information that must be taken into consideration when starting or investing in a company in Brazil.
We will begin by presenting legal insights regarding the Brazilian edtech sector, addressing topics like regulatory landscapes. Later, in the second chapter, we will present a short overview on the legal and political structure of the country, then an introduction to the Brazilian industry, presenting some specific legal matters on Commercial, Tax, Labor, Data Protection Law and Foreign Investment.
SUMMARY
CHAPTER I: TOPICS ON THE
BRAZILIAN EDTECH INDUSTRY
1. OVERVIEW
Education is what drives society. The use of technology for improving learning is a recent trend that will increasingly bring innovation to the sector. Among the numerous consequences of social isolation caused by the Covid-19 pandemic was the growth of certain digital sectors, especially the Brazilian Edtech.
2. WHAT IS AN EDTECH?
Edtech is short for “Educational Technology”, which is any form of teaching or learning using technology, that is, that uses any technological application, tool or service to improve learning. This is the defini[1]tion largely used in the educational sector.
3. EDTECH IN PRACTICE: REGULATION IN BRAZIL
Brazil does not have specific regulation for edtechs, but only regulations for the education sector as a whole. Due to the statutory gap, activities in this sector have been regulated by court decisions. In a recent decision, i.e., the Federal Supreme Court in Brazil declared that a regulation in Rio de Janeiro on online education was unconstitutional.
4. SOLUTIONS PROVIDED BY EDTECHS
In order to better illustrate the types of innovations provided by edtechs in the educational sector, we quote a survey carried out by ABStartups, which identified a few of the technologies developed.
5. HOW BASIC EDUCATION WORKS IN BRAZIL
In order to standardize and organize basic education in Brazil – that ranges from preschool to high school, age groups were created for each level of education. When a student is significantly behind in learning, he/she is withdrawn from regular school and must attend Learning for Youth and Adults (EJA) to finish studies. It is important to remember that basic education is mandatory.
6. BRAZILIAN EDTECHS IN NUMBERS
7. THE CHALLENGES OF INTELLECTUAL PROPERTY IN ONLINE LEARNING
In Brazil, there is an intellectual property regime differentcfrom that of the United States, where artistic works are protected by “copyright”. The Brazilian legal regime, in the matter of intellectual protection, is more like the French regulation. That is why, in this article, we will use the term “droit d’auteur” instead of “copyright”. Droit d’auteur is regulated by Law 9.610/98. In general, the law sets out what are the requirements for a work to become protected, which uses of the works are allowed, which are the rights of the author and titleholder, which are the sanctions in case of violation, among others.
CHAPTER II: BRAZIL – AN OVERVIEW
