Brazilian Criminal Code, Federal Decree-Law no. 2.848

Article138, 139, 140, 154-A and 359

The Article 184 of the Criminal Code regards violation of copyright, which constitutes as crime making available to the public copyrighted work, by electronic means, without proper authorization. This provision was revised in 2003. “Article 184 . Violate copyright and its related rights. Penalty - imprisonment of three (3) months to one (1) year or a fine. §1 If the violation consists in total or partial reproduction, in order to profit directly or indirectly, by any means or process, of intellectual work, performance or phonogram, without express permission from the author, performer, producer, as appropriate, or whom he represents. Penalty - imprisonment of two (2) to four (4) years and a fine. §2 The same penalty of §1 applies to whom, for the purpose of direct or indirect profit, distributes, sells, offers for sale, rents, introduces the country, acquires, conceals, maintains on deposit, original or copy of intellectual work or phonogram reproduced in violation of copyright law, of the right of the performer or the right of the producer of a phonogram, or rents the original or copy of intellectual work or phonogram, without the express permission from the rights holders or whom he represents. §3 If the violation consists in making available to the public by cable, fiber optic, satellite, waves or any other system that allows the user to select a work or production to receive it at a time and place previously determined by who demands it, in order to profit, directly or indirectly, without express authorization, as appropriate, from the author, performer, producer of a phonogram, or whom represents: Penalty - imprisonment of two (2) to four (4) years and a fine. §4 The provisions of §§1, 2 and 3 shall neither apply in the case of exception or limitation to copyright or that are related in accordance with the provisions of Law No. 9,610, of February 19, 1998, nor in case copying of intellectual work or phonogram, in a single copy for private use of the copyist, with no intention of direct or indirect profit.” Although this provision creates an exception regarding free and fair uses, it does not include any specific safe harbor provision. Hence, it depends on safe harbor provisions constituting such acts as fair use for it to be considered a legal safeguard.