Atlas · Governance
Gross annual operating revenue below R$ 90 million exempts public companies and mixed-economy companies from parts of Title I of Law 13.303/2016
AnswerCertain articles of Title I of Law 13.303/2016 do not apply to public companies and mixed-economy companies with gross annual operating revenue below R$ 90 million (previous fiscal year).
Reviewed on 2026-10-02 · next review 2027-04-02
Data
| Who | Criteria | Consequence | Source | Data |
|---|---|---|---|---|
| Public company or mixed-economy company | Gross annual operating revenue below R$ 90,000,000.00 (previous fiscal year) | Arts. 2°, 3°, 4°, 5°, 6°, 7°, 8°, 11, 12, and 27 of Title I of Law 13.303/2016 do not apply | Law 13.303/2016, Art. 1°, § 1° | 30/06/2016 |
Data consulted on 02/10/2026.
Basis
- Law No. 13.303/2016 (Planalto, in Portuguese): Art. 1°, § 1°, excludes public companies and mixed-economy companies with gross annual operating revenue below R$ 90 million in the previous fiscal year from the application of Title I (except for arts. 2°, 3°, 4°, 5°, 6°, 7°, 8°, 11, 12, and 27).
How it applies
The exemption covers all articles of Title I listed in § 1° of Art. 1°, except those explicitly mentioned (arts. 2°, 3°, 4°, 5°, 6°, 7°, 8°, 11, 12, and 27). Revenue must be assessed together with subsidiaries and in the fiscal year prior to applying the rule.
Limits
- The exemption does not apply to arts. 2°, 3°, 4°, 5°, 6°, 7°, 8°, 11, 12, and 27 of Title I, even if revenue is below R$ 90 million.
- The R$ 90 million value has not undergone monetary adjustment since 2016.
- The rule does not apply to public companies or mixed-economy companies that participate in a consortium as an operator (Art. 1°, § 5°).
- Failure to issue governance acts by the Executive Powers within 180 days subjects companies to the full scope of Title I (Art. 1°, § 4°).
- Subsequent changes must be verified in Law 13.303/2016 and Law 14.133/2021 (which amended provisions of the statute).