Judge Douglas de Melo Martins said Brazilian law prohibits the massive and inappropriate collection of personal data without users’ consent.
The problem is not so much that the language misleads users when the app asks for consent, but rather that there is no translation of the Terms of Service in Portuguese, a common language among Brazilians.
Therefore, the judge considered that users in Brazil could not provide informed consent to Terms of Service that they could not read. Most likely, this is what causes the fine to apply.