The Federal Supreme Court (STF) decided, this Thursday (15), in Brasília, to validate the law of Mato Grosso do Sul (MS) that requires telephone operators in the state to provide information on the daily delivery of internet speed. 
The determination is provided for in State Law 5,885/2022 and was challenged in the STF by the Brazilian Association of Internet and Telecommunications Providers (Abrint). The rule states that internet service providers must indicate the daily delivery of data receiving and sending speed on the monthly post-paid invoice.
For the entity, the law is unconstitutional and violates the constitutional principles of free enterprise and interferes in contractual relationships between individuals.
“All services (pay TV, telephony, internet and similar) are considered to be types of telecommunications services, for which the Union has exclusive power to legislate,” the association stated.
Constitutionality
By 8 votes to 3, the constitutionality of the law was decided based on the vote of the rapporteur, Minister Alexandre de Moraes.
For him, the Consumer Protection Code (CDC), a federal regulation, determines that companies must provide clear information about products and services.
“It is a consumer right, generally provided for in the CDC, and was specifically established by the law of Mato Grosso”, he stated.
During the processing of the case, the Attorney General’s Office (PGR) also spoke out against the action.
“It appears that there is no formal unconstitutionality in Law 5,885/2022 of the state of Mato Grosso do Sul, especially because the governing federal legislation and its regulations do not prevent, or restrict, the monthly provision of reports demonstrating the average daily record of internet speed”, said the prosecutor’s office.
