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Brazil: President approves law altering Penal Code and increasing penalties for computer crimes

The President of the Brazilian Republic approved, on 27 May 2021, through the Official Gazette, Law No. 14,155/2021, which makes crimes of computer device violation, theft, and fraud committed electronically or online more serious offences ('the Law'). In particular, the Law alters the Decree-Law No. 2,848, on 7 December 1940 ('the Penal Code'), as well as, alters the Decree-Law No 3,689 of 3 October 1941, coming into force immediately.

Lastly, the Law specifically changes Articles 154-A, 155, and 171 of the Penal Code, addressing issues such as:

  • penalty of imprisonment, increasing such term from one to four years and a fine for those who break into a computer device without authorisation of the user or to install vulnerabilities to obtain illicit advantage;
  • the penalty is increased from one-third to two-thirds if the invasion results in economic loss;
  • the penalty is imprisonment, from four to eight years, and a fine, if the theft is committed through fraud or the use of malicious programs;
  • the penalty is increased from one-third to two-thirds, if the crime is committed using a server kept outside the national territory;
  • the penalty is imprisonment, from four to eight years, and a fine, if the fraud is committed with the use of information provided by the victim or by an error induced by a third party through social networks, telephone contacts, or a fraudulent email, or by any other similar fraudulent means; and
  • the penalty is increased from one-third to double, if the crime is committed against elderly or vulnerable individuals.

You can access the Law, only avaliable in Portuguese, here.

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