Brazil enacts Convention on Cybercrime

The federal government enacted the Cybercrime Convention signed in Budapest. The device aims to promote international cooperation in the exchange of information on cyber crimes and criminal offenses that require obtaining electronic/digital evidence stored in other countries. The decree dealing with the enactment was published in the Federal Official Gazette on the 12th. The text highlights that the convention is necessary to prevent “actions taken against the confidentiality, integrity and availability of computer systems, networks and computer data, as well as and to prevent the abuse of such systems, networks and data”, by providing for the criminalization of such conduct. Among the offenses identified as cyber crimes are, for example, the production, distribution and acquisition of child pornography for distribution through a computer system; the violation of copyright, as defined in local law, among others. The sanctions apply to natural and legal persons. The convention also defines as cybercrime actions with a fraudulent purpose that promote the “intentional and unauthorized insertion, alteration, erasure or deletion of computer data, resulting in inauthentic data, with the aim of being considered legal, or have that effect, as if they were authentic, regardless of whether or not the data is directly legible and intelligible.” As of the enactment, the Brazilian State must adopt legislative measures and other necessary measures to typify as a crime, in its internal legislation, “the intentional and unauthorized access to the totality of a computer system or part of it through the violation of measures of security; for the purpose of obtaining computer data or for another fraudulent purpose; or against a computer system that is connected to another computer system”. The text also says that countries must adopt legislative measures to discipline access to specified computer data of any person residing in their territory, “controlled or held by them, which are stored in a computer system or in any means of storage of data”. computer data”. Internet service providers are also required to deliver registration information of service subscribers who are under the provider’s ownership or control. The text also provides for the possibility of extradition of people who practice cyber crimes.

Agência Brasil