GSM (assuming that's what is used in Brazil) isn't free of patents, but at least everyone could (in theory) start their own telecom company and compete with the another ones. And I assume in reality (even in Brazil) customer could switch from a telecom operator to another if they are not happy with the service provided by the first one.
If I want to communicate to some another WhatsApp user, I need to use WhatsApp.
What does one thing have to do with another? If I want to communicate with you on HN I need a HN account. How is that dystopian or what does it have to do with protocols?
If you want to communicate with another person you can use Telegram or whatever you want.
If I want to communicate to some another WhatsApp user, I need to use WhatsApp.