立法数据库

Trespass of a computer-related device

Art. 154-A.     Trespassing another party´s computer-related device, whether connected or not to the World Wide Web, by means of undue violation of a security mechanism, to obtain, tamper with, or destroying data or information without express or tacit authorization by the device owner, or to install vulnerabilities in order to obtain an illicit advantage:

Penalty - imprisonment, from 3 (three) months to 1 (one year), and fine.

§ 1 The same penalty applies to any person who produces, offers, distributes, sells or disseminates a computer device or software with the aim of making possible the conduct defined  in the head paragraph.

§ 2 The penalty shall be increased from one sixth to one third if the trespass results in economic harm.

§ 3 If the trespass results in the collection of the content of private electronic communications, commercial or industrial secrets, classified information, as defined by   law, or the unauthorized remote control of the trespassed device:

Penalty - imprisonment, from 6 (six) months to 2 (two) years, and fine, if the conduct does not constitute a more serious crime.

§ 4 In the case of paragraph 3, the penalty shall be increased from one to two thirds should there be any dissemination, trading  or transmission to a third party, on any account, of the collected data or information.

§ 5 The penalty shall be increased from one third to one half should the crime be committed against:

I – The President of the Republic, governors or mayors;

II – President of the Supreme Federal Court;

III – President of the House of Representatives, the Federal Senate, State Legislative Assembly, Legislative Chamber of the Federal District, or Municipal Chamber; or

IV – The top officer of any direct and indirect administration agency, at the federal, state, municipal or Federal District levels.

Criminal prosecution

Art. 154-B       For the crimes defined in Art. 154-A, criminal prosecution can only be carried out by means of representation, unless the crime is committed against the direct or indirect public administration of any of the Branches of the Federation, States, Federal District or Municipalities or against  public-service concessionaires.