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Brazil: New Law Enacted to Help Fight Pedophilia

(May 11, 2017) On May 8, 2017, Brazil amended its Statute of the Child and the Adolescent to include rules for police infiltration of the Internet for the purpose of curbing crimes of sexual exploitation involving children or adolescents. (Lei No. 13.441, de 8 de Maio de 2017 (Law No. 13,441), PLANALTO; Estatuto da Criança e do Adolescente [Statute of the Child and the Adolescent], Lei No. 8.069, de 13 de Julho de 1990 (as amended), PLANALTO

The police infiltration will only be allowed in cases that do not provide any alternative means for obtaining evidence. (Law No. 8,069, art. 190-A § 3.)  The request for police infiltration must be made by the Public Prosecutor’s Office or the police authority (delegado de polícia)  and must contain the justification of its necessity, the scope of police actions, the names or aliases of the persons investigated, and, where possible, the connection data (dados de conexão) or registry data (dados cadastrais) of those persons.  (Id. art. 190-A (II).)

The Law defines connection data as information on the time, date, start, end, duration, Internet Protocol (IP) address used, and the terminal of origin of the connection. (Law No. 8,069, art. 190-A § 2 (I)) Registry data is defined as information on the name and address of the subscriber or registered or authenticated user for the connection to whom the IP address, user identification, or access code was assigned at the time of the connection.  (Id. art. 190-A § 2 (II).)

The police infiltration may not exceed 90 days, without prejudice to any renewals, provided that the total period of time does not exceed 720 days, at the discretion of the judicial authority, provided that its effective necessity is demonstrated. (Id. art. 190-A (III).)