Brazil Senate Approves Stricter Penalties for Digital Sexual Violence Against Minors

Brazil's Federal Senate has approved a bill that significantly enhances criminal penalties for digital sexual violence against children and adolescents, including offenses involving artificial intelligence. The legislation, originally proposed by federal deputy Osmar Terra, now awaits President Luiz Inácio Lula da Silva's sanction. Key changes include increased penalties for child grooming when perpetrators use AI, deepfakes, or fake profiles, and for those employing IP masking to evade identification. The bill also classifies major child sexual violence crimes as 'heinous' and introduces new grounds for preventive detention in such cases. Furthermore, the term 'pornography' is being replaced with 'sexual violence against children or adolescents' to better align with international standards like the Budapest Convention, recognizing digital content like photos and videos as forms of violence. Senator Fabiano Contarato praised this reclassification as a crucial improvement, emphasizing that the term 'pornography' inadequately reflects the severity of these acts, which constitute abuse, exploitation, and sexual violence. The bill broadens the definition of child sexual violence material to encompass AI-generated or manipulated representations, even if not depicting real individuals. It also permits 'virtual patrols' by law enforcement and the Public Prosecutor's Office to identify and collect publicly available digital files without prior judicial authorization, with subsequent notification to the judiciary in cases of ongoing crimes or risks to victims. Finally, the legislation establishes the victim's right to continuous psychological and psychosocial support, with offenders mandated to cover treatment costs, including those covered by the SUS.