Legal definitions
In Brazil, a child is a person under 12 years old, and an adolescent is a person between 12 and 18 years old. “Child Sexual Exploitation” is defined as specifically related to sexual activity in exchange for some form of compensation. Several legal provisions describe and prohibit conduct commonly associated with terms including “child sexual abuse,” “enticement or grooming,” and “sextortion” (although those terms are not expressed in the law).
Several legal provisions describe and prohibit conduct related to child pornography or CSAM. Computer-generated CSAM is likely addressed—at least regarding partially-synthetic CSAM—by the Child and Adolescent Statute, which prohibits “[s]imulating the participation of a child or adolescent” in CSAM by “editing or modifying a photograph, video or any other form of visual representation.”
The age of consent for sexual activity is 14 years old.
Regulatory requirements/recommendations
Online platforms are largely unregulated and not required to screen, moderate, detect or otherwise engage with content to identify child sexual exploitation on their services. There are explicit legal protections from liability for harm resulting from content generated by third parties, except when an online platform subject to a specific court order fails to remove or disable access to identified prohibited content, “within the scope and technical limits of its service,” among other conditions. When the content in question violates privacy by depicting nudity of sexual acts and the disclosure was unauthorized by the depicted person(s), notification from a depicted person or their legal representative carries weight similar to that of a court order.
Online platforms are not required to report online child sexual exploitation or take down related content, absent a court order or authorized notification as described above.
Age verification requirements/recommendations
Online platforms are not required to implement any methods to verify the age of a user before allowing access to their services.
Parental consent requirements/recommendations
Online platforms are not required to obtain parental consent before a child uses their services.
Legal remedies for child victims
Victims of online child sexual exploitation can seek legal remedies under certain circumstances. Procedures for “interlocutory relief” are accessible for victims, with specific provision for “economically disadvantaged” parties. Court orders to stop or prevent publication of CSAM or private imagery may be sought through both civil and criminal actions. Victims can seek financial damages, or “reparation,” through civil courts, but there are no known government-funded services available. A victim is not entitled to notification when an offender is arrested for conduct related to CSAM depicting the victim.
"Safety by Design" requirements
Online platforms are not required to incorporate “Safety by Design” into their systems.