Monitor regulatory guidelines that directly impact the operation, expansion, and competitiveness of data centers in Brazil.
Theme: Reform in the Electric Sector
Situation: Under discussion in the National Congress
MP 1300/2025 addresses the modernization of Brazil’s electric sector and directly impacts the data center industry, particularly through amendments that propose recognizing data centers as special loads, with the right to tariff incentives linked to the use of renewable energy.
Why does this matter?
Energy accounts for up to 50% of a data center’s operational costs. The amendments propose a reduction in charges for centers that use 100% renewable energy.
What ABDC advocates:
Incentives for the use of clean and efficient energy.
Legal certainty and regulatory stability to attract investments.
Equal treatment between different types (colocation, edge, hyperscale).
With the cleanest electricity matrix among the major economies in the world, Brazil can turn renewable energy into digital value — and solidify its position as a global hub for data and artificial intelligence. ABDC is closely monitoring the progress of this measure and actively engaging with Congress to ensure a favorable environment for the sustainable growth of the sector.
Theme: Industrial Policy | Export Incentive | Digital Infrastructure
Status: Under discussion in the National Congress
Edited in July 2025, Provisional Measure 1307 establishes guidelines for strengthening Export Processing Zones (ZPEs) to attract productive investments and promote Brazil’s integration into global value chains. Among the new provisions, the MP mandates that the electricity used by new data centers installed in ZPEs must come from renewable energy.
Why does this matter?
This MP addresses the tariff exemption for purchasing data center equipment and starts a debate on the use of renewable energy for this type of service.
The requirement for renewable energy use aligns the incentive with environmental commitments already made by international operators and major tech companies.
The measure could drive the decentralization of digital infrastructure, bringing data centers to regions with renewable energy potential and lower technological density.
What ABDC advocates:
ABDC advocates that the inclusion of data centers in Export Processing Zones (ZPEs) should be accompanied by clear guidelines to ensure competitiveness, sustainability, and legal certainty for the sector. Regarding sustainability and competitiveness, the association supports the renewable energy use criterion as a counterpart for accessing ZPE benefits. This requirement aligns with international environmental (ESG) commitments and strengthens Brazil’s image as a green hub for data and innovation.
Regarding the promotion of digital export, ABDC proposes that services such as cloud computing, hosting, and artificial intelligence, when provided to foreign companies, be formally recognized as export activities. This definition is critical to ensure the legal framework of the sector and solidify data centers as a vector for exportable digital services.
On the topic of technological decentralization, the association suggests creating complementary public policies to encourage the installation of data centers in regions with significant renewable energy potential. This would allow for greater regional balance in access to digital infrastructure and leverage capacity outside major urban centers.
Finally, concerning legal and operational certainty, ABDC advocates for the creation of a clear and specific regulatory framework for data centers installed in ZPEs, avoiding overlapping obligations between government levels. Regulatory predictability is essential to enable long-term, capital-intensive investments, such as those required by this critical infrastructure.
ABDC will continue to monitor the progress of MP 1307 in the National Congress and will contribute technically to the legislative debate to ensure that the benefits reach digital infrastructure operators committed to the energy transition and the economy of the future.
Theme: Legal Framework for Artificial Intelligence
Status: Under discussion in the National Congress
PL 2.338/23 proposes the regulatory framework for the use and development of artificial intelligence in Brazil. Already approved by the Senate, the text is now under the report of Deputy Aguinaldo Ribeiro (PP-PB) in the Chamber of Deputies, where it is undergoing a new round of public hearings, with a vote expected in 2025.
The proposal establishes principles, rights, and duties for the responsible development of AI, focusing on security, transparency, risk mitigation, and data protection. The rapporteur advocates a balanced approach that ensures legal security without stifling innovation.
Why does this matter?
Artificial intelligence is one of the technologies that most consume intensive computational infrastructure, requiring high processing capacity, storage, and connectivity — meaning robust data centers.
The legal framework will provide greater regulatory predictability for projects that integrate AI and digital services, strengthening the business environment.
PL 2.338 is in dialogue with other ongoing proposals, such as PL 3018/24 (data centers for AI) and MPs 1300 and 1307, and may serve as the basis for national coordination on critical digital infrastructure.
What ABDC advocates:
The Brazilian Data Center Association (ABDC) advocates that any discussion regarding a legal framework for artificial intelligence should be based on balance, regulatory clarity, and the promotion of sustainable growth in Brazil’s digital economy. The association understands that the advancement of AI must necessarily be tied to the strengthening of the infrastructure that supports it.
In this regard, ABDC advocates that:
Infrastructure is inseparable from AI regulation: there is no artificial intelligence without stable and accessible computational capacity. The framework should recognize the importance of ensuring adequate conditions for data center operations in Brazil.
Legal security is the foundation of innovation: a clear regulatory environment is essential to attract investments in emerging technologies, especially in cloud, edge computing, and generative AI sectors.
Technological neutrality and scalability: the text should ensure rules that do not favor unique development models or specific applications, ensuring room for future innovations and new infrastructure architectures.
Sustainability as a strategic advantage: the framework should encourage sustainable solutions in AI technology operations, allowing Brazil to solidify its position as a destination for clean digital infrastructure.
ABDC will continue to monitor the work of the Special Committee in the Chamber of Deputies and will be available to contribute technically to the final text, especially regarding the structural conditions for the advancement of artificial intelligence in the country.
Theme: Data Centers for Artificial Intelligence
Status: Under discussion in the National Congress
Bill 3018/24, authored by Senator Styvenson Valentim (PODEMOS-RN), proposes specific rules for the operation of data centers supporting artificial intelligence systems in Brazil. The text addresses topics such as information security, data protection, auditing, record preservation, energy efficiency, and environmental sustainability.
The proposal is being debated in the Senate’s Science and Technology Committee (CCT), under the rapporteurship of Senator Vanderlan Cardoso (PSD-GO), who has already hosted two public hearings on the subject. ABDC actively participated in the discussions through its president, Renan Lima Alves, who was present at one of the sessions representing the sector.
Why does this matter?
This project is the first legal framework in Congress focused exclusively on data centers, recognizing their centrality to the new digital economy.
The text brings into debate technical and environmental criteria for operating data centers, which can directly impact the viability of new ventures.
The proposal aligns with other ongoing legislative discussions, such as Bill 2338/23 (AI) and MPs 1300 and 1307, requiring regulatory coherence between interconnected sectors.
What ABDC advocates:
Incentives for the use of clean and efficient energy.
Legal certainty and regulatory stability to attract investments.
Equal treatment between different types.
ABDC’s participation in public hearings
During the public hearing held in the Senate, ABDC’s president, Renan Lima Alves, highlighted sustainability as one of Brazil’s greatest competitive advantages in the global race for investments in digital infrastructure.
“Brazil already has a very strong environmental awareness. This puts us in a privileged position compared to other countries. Conversations with major operators don’t even start if they don’t identify sustainable practices and energy efficiency,” he said.
The president’s statement was reinforced by other participants, who cited Brazil’s renewable energy matrix, geopolitical neutrality, and the country’s strategic position as key differentiators for attracting significant international investments.
ABDC’s Position
ABDC supports recognizing the strategic role of data centers as critical infrastructure for the development of artificial intelligence and the digital economy, and that the regulatory framework should be technically balanced, feasible, and future-oriented.
In this regard, the association advocates that:
Sustainability and efficiency criteria should be encouraged, not bureaucratized. Brazil already has an advantage with its clean energy matrix. Legislation should recognize and leverage this strength.
Technical discussions should guide the legislative process. Defining standards for data centers should involve dialogue with experts, operators, and industry representatives, ensuring that the requirements are aligned with the sector’s reality.
ABDC will continue to monitor the progress of the Bill in the Senate and remains available to contribute technically to the formulation of a modern, secure law that promotes sustainable investments in data centers in Brazil.
Theme: Special Production Zones for Data Centers (ZEPADs)
Author: Deputy Pedro Lucas Fernandes (União-MA)
Status: Under discussion in the Science and Technology Committee, under the rapporteurship of federal deputy Davi Soares (PSD-SP)
The proposal by Deputy Pedro Lucas Fernandes creates the so-called Special Production Zones for Data Centers (ZEPADs) — a special regime aimed at promoting the installation and operation of large data centers in Brazil. The idea is for these zones to feature tax incentives, deregulation, and dedicated energy infrastructure, while also aligning with sustainable environmental practices.
The project is inspired by models already successfully used in other areas of the economy, such as ZPEs (Export Processing Zones), but with a specific focus on the digital infrastructure ecosystem.
Why does this matter?
The creation of ZEPADs could represent a more attractive and predictable business environment for domestic and international investors.
The project recognizes data infrastructure as a strategic asset for the country’s digital sovereignty and technological development.
The proposal contributes to the discussion on the decentralization of digital infrastructure by providing for the installation of ZEPADs outside major urban centers, where renewable energy availability exists.
ABDC’s Position
The Brazilian Data Center Association (ABDC) believes that Brazil needs a modern and competitive regulatory environment to attract the billions of investments currently being mobilized globally for data processing, artificial intelligence, and cloud computing.
The creation of instruments such as ZEPADs needs to consider:
Alignment with clear criteria for sustainability, energy efficiency, and good environmental practices.
Guaranteeing legal certainty and simplifying taxation, with equality of treatment between different operational models (hyperscale, colocation, edge).
Integration into a national digital infrastructure strategy, including connectivity, workforce training, and innovation policies.
ABDC will closely monitor the progress of the proposal in the Chamber of Deputies and remains available to contribute technically to the development of a viable, transparent model aligned with the country’s and the productive sector’s interests.
