New SAC Decree: Human Customer Service, Artificial Intelligence, and New Requirements for Suppliers
On October 13, 2026, Decree No. 13,135/2026 was published, which regulates the Consumer Protection Code (“CDC”) and establishes new rules for the Customer Service Department (“SAC”), replacing Decree No. 11,034/2022.
The new rules take effect on November 2, 2026—20 days after publication—with no transition period provided for, which requires affected suppliers to quickly assess and adapt their procedures.
Scope of Application
The new Decree applies to two categories of providers: (i) companies in sectors regulated by the Federal Executive Branch, such as telecommunications, supplemental health care, insurance, and electricity, provided they meet the criteria established by the respective regulatory agency; and (ii) providers of financial, payment, credit, or other financial services offered through platforms or other digital means, subject to regulation or supervision by the Central Bank of Brazil.
The regulation also establishes specific obligations for digital platforms that act as intermediaries in the offering or sale of products and services by third parties, private for-hire passenger transportation, and the delivery of products or goods. Such platforms must submit to the National Consumer Secretariat (“SENACON”), in the manner and within the timeframe established in supplementary regulations —which have not yet been published—their customer service models, accompanied by, among other indicators, at least the number of complaints, the complaint resolution rate, the level of consumer satisfaction, and the rate of complaints filed with agencies of the National Consumer Protection System and the competent regulatory agency. SENACON will evaluate this information and take the necessary measures to ensure the quality and effectiveness of customer service.
Artificial Intelligence and Human Customer Service
One of the key new provisions is the explicit provision for the use of automated systems—including artificial intelligence tools—for triage, internal routing, and resolution of customer requests. The use of these technologies, however, does not preclude the consumer’s right to real-time human customer service during the hours and under the conditions set forth in the Decree.
Thus, companies that use chatbots and other automated tools must ensure that their systems allow access to human agents without creating obstacles to the continuity of service.
Key Requirements Established by the New Decree
Among the rules set forth in the new regulation, the following stand out:
- Availability and Live Customer Service: The requirement to maintain at least one electronic channel available 24 hours a day, seven days a week, and a telephone channel with live customer service from 8 a.m. to 8 p.m. daily. For urgent requests—the criteria for which will be defined by regulatory agencies—live telephone support must be immediate and available at any time;
- Wait time: When choosing to speak with a customer service representative, the consumer must be informed of the estimated wait time, both through electronic channels and by phone. For phone calls, a representative must answer within 20 seconds for at least 80% of calls, and within 300 seconds for the remainder, subject to specific industry regulations. In the event of an accidental disconnection, the provider must return the call within 300 seconds;
- Simplification of customer service: Telephone and electronic channels may have a maximum of five levels of customer service. Options to cancel a service or speak with a live agent must be available at all levels during applicable hours; it is prohibited to redirect the consumer to another channel, except when in-person service is essential. The start of the service interaction and the transfer to a live agent may not depend on the consumer’s prior provision of information, nor may the consumer be asked to repeat their request or restart the interaction;
- Simplification of customer service: Telephone and electronic channels may have a maximum of five levels of customer service. Options to cancel a service or speak with a live agent must be available at all levels during applicable hours; it is prohibited to redirect the consumer to another channel, except when in-person service is essential. The start of the service interaction and the transfer to a live agent may not depend on the consumer’s prior provision of information, nor may the consumer be asked to repeat their request or restart the interaction;
- Response deadlines: Non-urgent requests must be answered within seven calendar days, in a clear, objective, and conclusive manner, addressing all aspects of the request. In cases of unsolicited services or improper charges, immediate measures must be taken to suspend the service or charge, with the matter resolved within 48 hours; and
- Records and transparency: Consumers may request their service history free of charge, which must be provided within five business days. Records must be retained for at least six months after the resolution of the request, while recordings and messages must be preserved for 90 days.
The Decree also reinforces the free and accessible nature of the Customer Service Center (SAC), prohibits advertising during service calls, ensures priority treatment tailored to the needs of the elderly, and requires a dedicated channel for serving agencies within the National Consumer Protection System, including Procons.
Impacts on Suppliers
In addition to operational obligations, the new Decree signals a change in how the quality of customer service is evaluated: rather than simply providing communication channels, suppliers must ensure that these channels are accessible and capable of offering effective responses to customer inquiries.
In this context, the regulation does not restrict the advancement of artificial intelligence but sets limits to ensure that automation does not become an obstacle to the exercise of consumer rights. The requirement for performance indicators for certain digital platforms also points toward oversight that is more focused on the quality and outcomes of customer service, rather than merely on formal compliance with obligations.
Compliance with the new rules will require providers to review their internal procedures, particularly regarding automated systems, the availability of human customer service, and mechanisms for resolving complaints. SENACON will be responsible for monitoring compliance and imposing administrative sanctions, without prejudice to the actions of other agencies within the National Consumer Protection System and the relevant regulatory bodies.
The full text of Decree No. 13,135/2026 can be accessed here.
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This material is provided for informational purposes only and should not be relied upon solely for decision-making. Specific legal advice may be provided by one of our attorneys. Copyright is reserved by KESTENER VIEIRA TORRONTEGUY SPEGIORIN ADVOGADOS.
