By: Leonardo Neri
Initially, it is necessary to understand the benefit that national authorities will have with the possible accession of the Convention on Cyber Crimes, which will provide greater autonomy and agility in access to digital documents and proofs that belong to foreign legislation.
The Legislative Decree Bill, PDL 255/21, was approved on October 6th, aimed at facilitating the relationship of transnational entities to our jurisdiction in a harmonious and cooperative manner. The next step will be the approval of this bill in the Federal Senate.
The Convention on Cyber Crimes, or the Budapest Convention, began in the years 2000, precisely in 2004, with great European strength. It is worth noting that outside the European Union block, it operates with Chile, Argentina, the USA, Costa Rica and the Dominican Republic.
Brazil’s participation will bring Brazilian copyright dynamism to the evidence found in foreign jurisdiction. It should be noted that Brazil is one of the countries that has accepted cases of Private International Law late in the 1990s, compared to countries like the United States that from the beginning have performed in accordance with international law. It is important to stress that national legal systems, often outdated, avoid rapid agility to participate in treaties.
Specifically addressing the Convention in question, it deals with the cyber crimes of their own (referring to the inviolability and misuse of digital data and information, without authorization) and those that are inappropriate (directed at actions against legal good standing, committed in a mechanized manner. Example: Crime against honor; defamatory images; child pornography; piracy, etc.). Moreover, the provisions related to trial, help, incitement, etc., in the international context still have foundations that seek to increase and facilitate collaborative forms before the legal authorities, and this will be a new paradigm for the reasoning in Brazilian judicial decisions.
With this, the legislation suggests that there is a digital network operating 24 hours a day, with the aim of assisting investigations and procedures related to criminal matters.