Cybercrimes in Brazil

In the ever-evolving landscape of the 21st century, where digital technology governs how we live, work, and interact, a new battleground emerges for justice and the legal profession: cybercrime. 

Cybercrimes are criminal activities that occur in the digital environment, involving the use of computers, computer networks, electronic devices, and the internet. These crimes can include hacking, phishing, identity theft, financial fraud, online harassment, online defamation, child pornography, unauthorized access to systems, among others that will be discussed later.

The technological revolution has brought with it unparalleled opportunities, but also equally significant challenges, many of which manifest themselves in the vast and complex territory of cyberspace. For lawyers and legal professionals, understanding and dealing with these crimes has become a pressing need , as litigation and legal issues related to the digital age increase every day.

We will learn how the law is adapting to confront this new form of delinquency , and the legal tools available for combating crime, in order to protect the rights of individuals and organizations in an increasingly connected world.

We've previously discussed cybercrimes here on the IDP Blog in an article . We gained a better understanding of their types, how to prevent and combat them, and how to protect ourselves from these crimes. But we didn't stop there.

In this article, we'll delve a little deeper into the topic and nuances of this digital world. Let's get started?

Cyber ​​Crimes

Cybercrimes are an undeniable reality in our increasingly digital world. In Brazil, as in many other places, these crimes represent a significant challenge for society, authorities, and, not least, for lawyers who strive to understand and combat this constantly evolving threat.

First, it's important to recognize that cybercrimes were not created in Brazil, nor in any specific country. They are the result of a combination of global factors, including advances in information technology, the ubiquity of the internet, and the opportunities offered by the digital world. Cybercriminals have diverse motivations, ranging from financial gain to ideological or personal issues.

In Brazil, combating cybercrimes involves the enactment of specific laws, such as the Carolina Dieckmann Law, which addresses issues of unauthorized access to devices and the unauthorized dissemination of intimate images and videos. In addition, the Federal Police and other agencies have specialized units for investigating and combating cybercrime.

However, tackling cybercrime is a complex challenge . The global nature of the internet makes it difficult to identify and punish criminals operating across national borders. Furthermore, the rapid evolution of technology creates opportunities for criminals and constant security challenges.

An effective approach to combating cybercrime involves strong international cooperation. Brazil has actively participated in global efforts to track down and apprehend cybercriminals operating internationally, recognizing that cybercrime knows no borders.

Furthermore, awareness and education play a crucial role in mitigating cybercrime. Individuals, businesses, and organizations must adopt strong digital security practices to protect their data and information. In addition, cybersecurity education programs are essential to inform the public about the risks and preventative measures.

It is worth noting that virtual or cybercrimes are illegal acts intended to steal, offend, defame, harm, or psychologically or physically abuse another individual. These acts can be carried out against a person or against tangible and intangible assets, the latter of which can be directed at government assets, such as banks, or against an individual's property, such as theft.

Types of Cybercrimes

• These are cybercrimes covered by... Criminal Code: 

• Theft (art. 155); 

• Crimes against honor (articles 138, 139 and 140 of the penal code); 

• Crime of threat (article 147 of the penal code); 

• Extortion (article 158 of the penal code); indirect extortion (article 160 of the penal code); 

• Mockery on grounds of religion (article 208 of the penal code); 

• Facilitating prostitution (article 228 of the penal code); 

• Obscene act (article 233 of the penal code); 

• Obscene writing or object (art. 234 of the penal code); 

• Incitement to crime (article 286 of the penal code); 

• Apology for crime or criminal (art. 287 of the penal code); 

• Invasion of computer device (art. 154-a of the penal code); 

• Misappropriation (article 168 of the penal code); 

• Fraud (article 171 of the penal code); 

• Copyright infringement (article 184 of the Penal Code).

Current Legislation

However, anyone who thinks that the internet is a kind of "lawless land," where such abuses committed through social networks could not be reached and repressed by law, is mistaken. 

On the contrary, the Brazilian legal system contains a series of rules establishing rights, duties, and judicial mechanisms applicable to social networks, included in the so-called Marco Civil da Internet (Law 12.965/2014) , the Brazilian Civil Code (Law 10.406/2002), the Brazilian Penal Code (Decree-Law 2.848/40), and the Federal Constitution itself.

The Brazilian Penal Code is a law comprised of a set of systematic rules of a punitive nature. Its purpose is to apply sanctions and, at the same time, discourage the commission of crimes. Criminal law serves to penalize laws, define crimes, and guarantee the rights of citizens.

Cybercrimes are those that necessarily require computer technology to commit the crime (such as the crime of unauthorized access to a computer system, articles 154-A and 154-B of the Brazilian Penal Code).

Open cybercrimes, on the other hand, are those that may or may not be committed through a computer device or system, such as copyright infringement or fraud, which can be committed both in the virtual environment and outside of it.

Regarding current legislation, Law 12.737/2012, which combats criminal activity on networks, stands out . This law was created with the objective of defining new illicit conduct committed in cyberspace, thus aiming to complement the Brazilian legal system.

The aforementioned law became known as the Carolina Dieckmann Law, after 36 intimate photos of the actress were published on the internet in May 2012. The creation of the law was a major step forward in combating cybercrimes, given that the legal instrument created new types of offenses through the inclusion of articles 154-A and 154-B in the Penal Code.

Conclusion

In summary, cybercrime remains a complex challenge that Brazil and the world currently face. Although not created in Brazil, its influence on our digital society is significant. Combating these crimes requires a multifaceted approach, including appropriate legislation, international cooperation, awareness, and education. 

In this way, lawyers play a fundamental role in the pursuit of justice in cyberspace, protecting the rights of individuals and companies in a world increasingly connected by digital means.

Promoting a country's development today depends primarily on its ability to integrate into the new economic cycle, seeking to narrow the gap that separates it from the technological frontier, relying on the participation of agents and actors distinct from those who produced the wealth of the 19th and 20th centuries. Such an effort requires a high level of training for agents in general, as well as involvement in a constant learning process.

Therefore, it is necessary for Brazilian criminal law to constantly seek means and actions to penalize cybercrimes, and to keep up with technological advancements in order to guarantee the safety of the population.

Finally, we understand that Brazilian legislation regarding cybercrimes needs significant improvement, as there are still many loopholes to be closed, and it also needs more specific laws addressing this type of crime. Only then will it be possible to reduce these virtual crimes, protect the population, and punish these criminals.

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References

Araújo, Iran. Cybercrimes and Brazilian Criminal Law. JusBrasil, July 2023.

BRAZIL, Penal Code. Brasília Law, Law 2.848 of 1940. 1940. 

BRAZIL, Carolina Dieckmann Law. Law 12.737/2012. Brasília, 2012.