News

PIX and commerce: legal challenges and mandatory changes

April 25, 2025

The publication of Provisional Measure No. 1,288/2025 brought new regulations that directly impact the use of Pix in commerce, raising questions about business practices and consumer rights. 

Recent discussions about a possible Pix taxation were clarified by the MP that determined that no tax would be levied on the use of Pix.  

However, in addition to the topic discussed above, an essential aspect brought by the MP and which deserves special attention is the prohibition of charging additional amounts from consumers who use Pix as a form of payment, which is considered an abusive practice. 

Another relevant point of the MP is the equivalence of Pix to cash payments, with the application of Law 13,455, of 2017. This change reinforces that the price charged via Pix cannot be higher than that practiced in cash transactions. 

In this sense, it is essential that companies and traders in general adopt immediate measures to align their operations with the new guidelines, valuing the standardization of prices, with a review of tables and charging systems to ensure compliance with the MP, that is, that the amount charged in payments via Pix is equal to or less than the price in cash. 

Furthermore, there must be transparency in the information provided, with clarity regarding prices, as well as the prohibition of charging higher amounts due to payment via Pix, avoiding interpretations that may generate doubts for the consumer.  

This is because failure to comply with the provisions of MP No. 1,288/2025 may result in penalties based on the Consumer Protection Code, such as: administrative fines; legal actions filed by injured consumers; and damage to the company's image and reputation.  

Although it is immediately applicable, Provisional Measure No. 1,288/2025 needs to be approved by the National Congress to become definitive. Therefore, changes to the text may occur during this legislative process, adapting the rule to the demands of different sectors. 

Regardless of its conversion into law, the MP consolidates Pix, widely accepted by the Brazilian population, as an instrument of financial inclusion and simplification of commercial transactions, also guaranteeing fair commercial practices and consumer protection.  

It is essential that retailers are aware of the new regulations to avoid legal problems and preserve consumer confidence. Adjusting prices and internal processes to what the MP requires is not only an obligation, but also an opportunity to strengthen more transparent and balanced commercial relations, reinforcing companies' commitment to a fairer and more competitive market. 

Our legal team continues to monitor the progress of discussions on the topic and is available to offer guidance on the impacts of the changes implemented by Provisional Measure No. 1,288/2025.  

This communication, which we believe may be of interest to our customers and friends of the company, is intended for general information only. It is not a complete analysis of the matters presented and should not be considered legal advice. In some jurisdictions, this may be considered lawyer advertising. Please see the company's privacy notice for more details.

Related Areas

Related Professionals