Revenge sharing of intimate images after a breakup in Brazil
An intimate image shared during a relationship has been distributed online following the breakup, often with identifying information attached. This pattern is the original target case for state revenge porn statutes and the federal TAKE IT DOWN Act.
BR
jurisdiction
Lei
primary statute
48 hr
TAKE IT DOWN Act window
Regulator power
enforcement route
Tl;dr
In Brazil, this conduct is prosecuted under Lei nº 13.718/2018 plus Marco Civil article 21. The civil erasure route runs through LGPD (Lei nº 13.709/2018) right to deletion under article 18 and ANPD. Where the host platform is subject to US jurisdiction, the TAKE IT DOWN Act adds a 48 hour platform removal obligation in parallel.
Why this happens
Post breakup distribution typically occurs within the first 90 days after the relationship ends. The distribution is rarely random and often involves coordinated posting across multiple platforms.
Many ex partners attach identifying information including the victim's name, employer, school, or contact details. This identifying context creates additional civil claims beyond the NCII statutes.
Legal framework 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. From 1 to 5 years imprisonment under article 218-C. Aggravated where committed by a current or former intimate partner.
Brazil pairs the 2018 criminal reform with the unique Marco Civil article 21, which makes platforms directly liable in damages for failure to remove non consensual intimate content following notification. This is one of the few legal frameworks in the world to impose direct platform damages liability for inaction.
Evidence to preserve
- Full page screenshot of every URL where the content appears, including any attached identifying information
- The full communication history with the ex partner, especially any threats made before the distribution
- The dates of the breakup and the first appearance of the content online
- Any witnesses to the relationship who can attest to the original consent context for the images
Do not: Do not communicate with the ex partner during the active distribution period. Communications can be edited and selectively shared to suggest reconciliation or consent. All communication should be through counsel.
Five step removal process
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1
Preserve all evidence first
Full page screenshot of every URL where the content appears, including any attached identifying information. The full communication history with the ex partner, especially any threats made before the distribution.
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2
File the Lei nº 13.718/2018 plus Marco Civil article 21 criminal complaint
Report to local police or the national cybercrime unit. SaferNet Brasil can assist.
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3
Submit an erasure request under LGPD (Lei nº 13.709/2018) right to deletion under article 18
Each major platform has a designated data protection contact. The request must cite the legal basis and identify the URLs. The platform has 30 days to respond. ANPD accepts complaints for non compliance.
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4
Run a biometric scan to find every additional copy
Content posted to one platform is rarely confined to one platform. ScanErase identifies every current hosting location in a single scan, including mirror copies and AI generated variants.
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5
File TAKE IT DOWN Act notices for covered platforms
Use your scan report to file the federal 48 hour notice yourself, in parallel with your domestic rights. The two regimes are cumulative, not exclusive.
Statutory citations to include in your complaint
- 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
- LGPD (Lei nº 13.709/2018) right to deletion under article 18
- US TAKE IT DOWN Act for any covered platform
- State revenge porn statutes which exist in 48 states with criminal penalties
- Civil claims for intentional infliction of emotional distress and statutory damages where state law provides
Frequently asked questions
Is revenge after breakup a crime in Brazil?
Yes. 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 criminalises this conduct. From 1 to 5 years imprisonment under article 218-C. Aggravated where committed by a current or former intimate partner.
What evidence should a Brazil victim of revenge after breakup preserve?
Full page screenshot of every URL where the content appears, including any attached identifying information. The full communication history with the ex partner, especially any threats made before the distribution. The dates of the breakup and the first appearance of the content online. Any witnesses to the relationship who can attest to the original consent context for the images.
Does LGPD (Lei nº 13.709/2018) right to deletion under article 18 apply to this scenario?
Yes. LGPD (Lei nº 13.709/2018) right to deletion under article 18 gives the victim a direct erasure right against any platform processing the imagery. ANPD enforces non compliance.
What support is available in Brazil for revenge after breakup?
SaferNet Brasil provides direct support to victims and can assist with both the criminal complaint and the platform removal process. Contact at https://new.safernet.org.br.
Can a Brazil victim also file a US TAKE IT DOWN Act notice?
Yes when the hosting platform is subject to US jurisdiction. The 48 hour federal removal obligation runs in parallel with rights under Lei nº 13.718/2018 plus Marco Civil article 21 and LGPD (Lei nº 13.709/2018) right to deletion under article 18.
Remove every copy now
One scan. Coordinated removal under Lei nº 13.718/2018 plus Marco Civil article 21, LGPD (Lei nº 13.709/2018) right to deletion under article 18, and the TAKE IT DOWN Act.
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