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No Brazilian court lawsuit is established by the available reporting. The reported action was a formal complaint or notification from Procon-SP, São Paulo state’s consumer-protection agency, asking Nintendo to revise its user agreement. Separately, Nintendo’s current Switch 2 agreement says the company may make a console and/or its software permanently unusable in whole or in part if users violate specified restrictions. That contractual warning is not evidence that Nintendo has actually disabled a Brazilian buyer’s console.
What did Procon-SP do?
Secondary reporting dated June 25, 2026, describes Procon-SP as filing a formal complaint or notification demanding revisions to Nintendo’s user agreement. That is an administrative consumer-protection challenge, not proof that a court case was filed. Procon-SP is an agency of São Paulo state; the available account does not establish that Brazil’s federal government or the country as a whole sued Nintendo.
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Nintendo Switch 2 System with Super Mario Galaxy + Super Mario Galaxy 2 Bundle | $568.00 | Buy on Amazon |
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Nintendo Switch 2 + Mario Kart World Bundle with Bonus HDMI Cable & Screen Cleaning Cloth | $619.00 | Buy on Amazon |
No primary agency release or court docket confirming the complaint’s current status, Nintendo’s response, or a final outcome is established here. The report’s description should therefore not be stretched into a claim that the dispute remains open, has been resolved, or has produced a court judgment. LegalClarity’s June 25, 2026 report is the source for the account of the specific action.
What does Nintendo’s Switch 2 agreement say about disabling a console?
Nintendo’s current English Switch 2 User Agreement states in section 1: “You acknowledge that if you fail to comply with the foregoing restrictions Nintendo may render the Console and/or the Software permanently unusable in whole or in part.” The Portuguese Americas agreement contains corresponding language: “Você reconhece que se você não cumprir as restrições descritas acima, a Nintendo poderá tornar o Console e/ou Software permanentemente inutilizáveis, em parte ou integralmente.”
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- The next evolution of Nintendo Switch
- One system, three play modes: TV, Tabletop, and Handheld
- Larger, vivid, 7.9” LCD touch screen with support for HDR and up to 120 fps
- Dock that supports 4K when connected to a compatible TV*
- GameChat** lets you voice chat, share your game screen, and connect via video chat as you play
“Brick” is shorthand for the more precise language in the agreements. The clause describes a power Nintendo says it may exercise if users fail to comply with listed restrictions; it does not establish that the company has used it against a Brazilian owner. The agreement is with Nintendo of America Inc. and its affiliates, and its current version states that it is effective October 2026. Check Nintendo’s regional page for the applicable text and date, since agreement language can change.
Conduct the agreement restricts
- Circumventing protections in the console or software.
- Using the console or software with unauthorized, illegal, or pirated software or hardware, including unauthorized copies of software.
- Using certain unauthorized modifications or devices. The agreement says these may render the console or software permanently unusable following an update or modification; it also says some updates may occur automatically.
The restrictions and warning are in Nintendo’s English Switch 2 User Agreement. Their existence does not, by itself, settle whether a particular enforcement action would be lawful under Brazilian consumer law.
Rank #2
- The next evolution of the Nintendo Switch system
- One system, three play modes: TV, Tabletop, and Handheld
- Larger, vivid, 7.9” LCD touch screen with support for HDR and up to 120 fps
- Supports up to 4K resolution** when using a compatible game and TV connected via the included Nintendo Switch 2 dock
- Nintendo Switch 2 plays compatible physical and digital Nintendo Switch games.***
Does the clause apply to physical Switch 2 cartridges?
The official Portuguese agreement permits physical media such as cartridges, while specifying that software used through that media remains governed by the agreement. Owning a cartridge therefore does not, by itself, exempt the software from the agreement’s terms. See Nintendo’s Portuguese Switch 2 agreement.
What does the agreement say about arbitration in Brazil?
Section 7 of Nintendo’s English agreement expressly excludes Brazil, among other jurisdictions, from that section: “This Section 7 does not apply to you if you live in Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Peru, Quebec or Uruguay or if prohibited under applicable law in your jurisdiction.” This means the agreement’s section 7 arbitration provision does not apply to people living in Brazil. The exclusion does not decide whether the disabling clause is lawful or determine the outcome of Procon-SP’s complaint.
Rank #3
- 【Ultimate Nintendo Switch 2 Bundle – Ready to Play】Includes the complete Nintendo Switch 2 console and a full-game download of Mario Kart World, so you can start racing right out of the box. Perfect for gamers of all ages and playstyles.
- 【Next-Gen Hybrid Gaming with Stunning Visuals】Experience a vivid 7.9‑inch 1080p LCD touchscreen with HDR support, and enjoy 4K TV output at up to 60 fps when docked — for immersive gameplay at home or on the go.
- 【Versatile 3 Play Modes】Seamlessly switch between Handheld, Tabletop, and TV modes — all featuring intuitive controls and smooth performance, wherever you choose to play.
- 【Enhanced Social Gaming with GameChat & Multiplayer】Connect with friends locally, enjoy online multiplayer with up to 24 players, and use voice chat via GameChat (internet connection and Nintendo Switch Online membership required after trial period).
- 【Powerful Storage & Joy‑Con 2 Controllers】Includes 256 GB internal storage (expandable with microSD), magnetic Joy‑Con 2 controllers, docking station, HDMI cable, AC adapter, grip, and straps — everything you need for the ultimate gaming setup.
How does Brazilian consumer law frame the issue?
Procon-SP’s 2025 compilation of Brazil’s Consumer Defense Code describes consumer-protection bodies as able to investigate matters and impose penalties within their competence. It also describes the Code’s list of abusive contractual clauses as illustrative, not exhaustive. Those general rules explain why a consumer agency may examine contract terms; they do not establish that Nintendo’s particular clause is unlawful. That would depend on the agency’s process or a relevant adjudication. Procon-SP’s 2025 Consumer Defense Code compilation.
What is known—and not known—about actual Switch 2 enforcement?
The agreement sets out a contractual warning, but the available material does not establish a verified count of Brazilian consoles disabled, affected users, complaints received, enforcement frequency, or financial harm. It also does not establish a specific instance of Nintendo permanently disabling a Brazilian buyer’s console under these terms. The distinction matters: a clause permitting an action is not evidence that the action has occurred.
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