The new decree sets out how the State will support electronic games and what now applies to companies in the sector.
Decree No. 13,138/2026 regulates Law No. 14,852/2024, the legal framework for electronic games in Brazil, and came into force on 14 October 2026, on the date of its publication. In practice, it defines who supports the sector, how companies may access funding and what precautions apply to accessibility and to child audiences.
Funding and Game Brasil: what the sector may seek
The decree declares the sector eligible for federal funding mechanisms in technology, research, innovation and culture. Each mechanism retains its own rules. For this reason, eligibility does not guarantee the funds.
Ancine (the Brazilian National Cinema Agency) will issue rules on access to the incentives under Law No. 8,685/1993. It will also define the criteria for classifying Brazilian games as independent productions.
The Ministry of Culture coordinates Game Brasil, a public and free platform that catalogues and promotes Brazilian games. For studios, this means a showcase at no cost. In addition, the importation of essential development tools is to benefit from simplified customs clearance.
There is also a point requiring attention. Games financed with federal public funds will be subject to mandatory deposit with audiovisual preservation institutions. Accordingly, an act of the Minister of Culture will establish the applicable requirements.
Intellectual property, health and training
INPI (the Brazilian Patent and Trademark Office) will issue an act setting out the procedures for registering games as a means of industrial protection. In this regard, the decree also safeguards for the author the rights provided for in Law No. 9,609/1998 (software law) and in Law No. 9,610/1998 (copyright law). It is therefore advisable to review development and licensing agreements.
Therapeutic use will depend on an act of the Ministry of Health, which will define the applicable parameters and technical requirements. On the other hand, training and skills development games must observe minimum parameters, such as privacy, the appropriate processing of personal data and human supervision in accordance with the risks of the activity.
Children, accessibility and electronic sports
As regards children and adolescents, the decree refers to Decree No. 12,880/2026. Suppliers shall also “seek to implement technical measures” of universal design and accessibility, pursuant to Article 23. Finally, the text does not provide for any penalty or specific deadline in this respect.
Electronic sports are given their own definition. Organisations in the sector may become part of the National Sports System, with their autonomy preserved.
It is our understanding that most of the decree is of an incentive nature and depends on future acts. Therefore, the next concrete step is to map which funding mechanisms are suitable for the company and to review accessibility and the protection of minors in its products.
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