Brazil joins Convention on Cybercrime

The Convention on Cybercrime, also known as the Budapest Convention, was opened for signature on November 23, 2001. Now, two decades later, on December 15, 2021, Brazil has formally acceded to it with the publication of Legislative Decree 37/21. The Budapest Convention aims to facilitate international cooperation to combat cybercrime.

The document lists the main crimes committed on the Internet and deals with the criminalization of conduct, standards for investigation and production of electronic evidence, forms of liability of legal entities as well as the need for regulation that governs crimes against confidentiality, integrity and availability of data and computer systems.

In addition, it covers both crimes against the inviolability and misuse of cyber data and information, as well as crimes against various legal interests, for example, crimes against honor, storage of images of pedophilia, online copyright infringement, among others. However, the Brazilian Federal Public Prosecutor’s Office points out that for the Convention to be effective in the country, certain legislative movements are still needed, given that the document will allow the approval of specific criminal types that will fill gaps in the Brazilian legislation.

The Convention enables collaboration with all signatory countries, even those with which Brazil has no bilateral cooperation agreement in criminal matters, which enables evidence to be obtained faster and more efficiently. This fact, added to the duties of preservation and display of data, will help in obtaining digital evidence to prove the authorship and materiality of crimes that depend on evidence beyond the borders of Brazilian jurisdiction.

This accession has been very well received by the international authorities, given that Brazil has become one of the countries with high rates of cybercrime. This represents greater agility, especially in the precautionary measures that are so relevant in the civil and criminal spheres.

Demarest’s Privacy, Technology and Cybersecurity and Corporate Criminal Law teams are available for further information or clarification on this and other related matters.