Cybercrime Laws Enforced in Brazil
By Dialogo April 16, 2013
Beginning on April 2, laws against cybercrime in Brazil became effective after having been signed by President Dilma Rousseff in December 2012. The unprecedented legislation categorizes several crimes involving personal information stored on computers as illicit, with penalties of between six-months to two years of imprisonment for those who violate emails that may contain confidential information and data, either private or commercial in nature.
Among other legal instruments, the law established further penalties ranging between three months to one year of imprisonment, plus a fine for those who “invade a third party electronic system with the intent of obtaining, modifying or destroying data or information without expressed authorization.” The same penalty will be applied to those who produce, offer, or sell programs that enable the invasion of third party systems and computers. For cases of services interruption, such as a 2011 incident in Brazil that represented the largest attack ever suffered by a government department, including sites from the presidential office and the Army, the penalty varies from one to three years in prison.
The bill was initiated after an incident in May 2012, in which Brazilian actress Carolina Dieckmann was blackmailed once her computer was hacked and 36 of her personal photos were taken from her computer and exposed to several websites.
Prior to this law, the cybercrimes committed in Brazil were not defined as criminal offences, but treated as if they were a violation of communication, resulting in dubious interpretations and less severe penalties.
*André Luís Woloszyn, Strategy Intelligence Analyst