By Leonardo Neri

Initially, it is necessary to understand the benefit that national authorities will have with the possible accession to the Cybercrime Convention, which will provide greater autonomy and agility in accessing digital evidence and documents that belong to foreign legislation.

The Legislative Decree Project, PDL 255/21, was approved on October 6th, with the aim of facilitating the relationship of transnational entities with our jurisdiction in a harmonious and cooperative manner. The next step will be the approval of the aforementioned project in the Federal Senate.

The Cybercrime Convention, or Budapest Convention, began in the 2000s, specifically in 2004, with great European support. It is worth noting that outside the European Union bloc, it operates with Chile, Argentina, the USA, Costa Rica and the Dominican Republic.

Brazil's participation will bring Brazilian authorial dynamism to evidence held in foreign jurisdiction. It is worth noting that Brazil is one of the countries that accepted Private International Law cases late, around the 1990s, compared to countries such as the United States, which have acted in accordance with international law since the beginning. It is important to note that national legal systems, which are often outdated, prevent rapid agility in participating in treaties.

Specifically addressing the Convention in question, cybercrimes are addressed therein. own (regarding the inviolability and misuse of digital data and information, without authorization) and the unsuitable (aimed at actions against legal assets, committed in a mechanized manner. Example: Crime against honor; defamatory images; child pornography; piracy, etc.). Furthermore, provisions related to attempts, aid, incitement, etc. are also provided for in the standard. At the international level, there are grounds that seek to increase and facilitate collaborative forms before legal authorities, and this will be a new paradigm for the basis of Brazilian judicial decisions.

Therefore, the legislation suggests that there be a digital network operating 24 hours a day without interruption with the aim of assisting and providing assistance in investigations and procedures relating to criminal matters.