Criminal framework

Lei nº 13.718/2018 (crimes against sexual dignity) inserting article 218-C into the Código Penal, plus Marco Civil da Internet (Lei nº 12.965/2014) article 21. The statute was enacted Marco Civil 2014; criminal provision 2018. From 1 to 5 years imprisonment under article 218-C. Aggravated where committed by a current or former intimate partner.

Civil and data protection framework

LGPD (Lei nº 13.709/2018) right to deletion under article 18 provides the parallel civil route. Autoridade Nacional de Proteção de Dados (ANPD) is the national supervisory authority and accepts complaints against any controller processing intimate imagery without lawful basis. The official site is https://www.gov.br/anpd.

Direct takedown authority

Marco Civil article 21 imposes secondary liability on internet application providers that fail to remove intimate content disseminated without consent following a notice from the affected party.

Official victim support

SaferNet Brasil is the recognised support service. Available at https://new.safernet.org.br.

Five step removal process for Brazil victims

  1. 1

    Preserve evidence before any contact with the perpetrator

    Capture full page screenshots with URLs visible. Save the original files. Note timestamps. This evidence supports both the Lei nº 13.718/2018 plus Marco Civil article 21 complaint and any LGPD (Lei nº 13.709/2018) right to deletion under article 18 request.

  2. 2

    File a criminal complaint under Lei nº 13.718/2018 plus Marco Civil article 21

    Report to local police or the national cybercrime unit. SaferNet Brasil can assist with the report.

  3. 3

    Submit an erasure request under LGPD (Lei nº 13.709/2018) right to deletion under article 18

    Send a written request to each platform's designated data protection contact citing the legal basis. ANPD can be petitioned if the platform fails to comply within 30 days.

  4. 4

    Send a US TAKE IT DOWN Act notice in parallel for covered platforms

    When the platform is subject to US jurisdiction, the 48 hour federal removal obligation applies in parallel with your domestic rights. ScanErase files these notices automatically.

  5. 5

    Track and escalate non compliant platforms

    Document every notice and every response. Use the regulator's takedown authority for non compliant platforms.

Frequently asked questions

What is the criminal NCII statute in Brazil?

Lei nº 13.718/2018 (crimes against sexual dignity) inserting article 218-C into the Código Penal, plus Marco Civil da Internet (Lei nº 12.965/2014) article 21. Enacted Marco Civil 2014; criminal provision 2018. From 1 to 5 years imprisonment under article 218-C. Aggravated where committed by a current or former intimate partner.

Who enforces data protection rights in Brazil?

Autoridade Nacional de Proteção de Dados (ANPD) is the national authority. Official site: https://www.gov.br/anpd.

Is there an official victim support service in Brazil?

Yes. SaferNet Brasil provides direct help to victims. Site: https://new.safernet.org.br.

Does any regulator in Brazil have direct takedown power?

Marco Civil article 21 imposes secondary liability on internet application providers that fail to remove intimate content disseminated without consent following a notice from the affected party.

Can a Brazil resident also use the US TAKE IT DOWN Act?

Yes when the hosting platform is subject to US jurisdiction. The TAKE IT DOWN Act applies to covered platforms regardless of where the victim resides. ScanErase's scan finds every US covered platform hosting your images, so you can file notices there in parallel with LGPD (Lei nº 13.709/2018) right to deletion under article 18 requests.

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