A Brazilian businessman was sentenced to 3 years in prison and fined for sending defamatory emails about Bradesco bank. The emails falsely claimed the bank was being sued for billions and that clients were withdrawing money and shares were falling. The police traced the emails to a cyber cafe the businessman was using in London at the time. This case shows courts can apply existing laws to online crimes and Brazilian police have the ability to investigate such crimes.

1. World eBusiness Law Report - Free speech/defamation Página 1 de 1
This printed article may not be photocopied and is for the exclusive use of Ms Erica
Aoki. For a multi-user licence please contact Alan Mowat on +44 20 7234 0606.
November 11 2003 • Brazil Aoki e Farias Advogados
Associados
Screen Version
Court comes down hard on sender of defamatory emails
The Fifth Circuit of the Third Region's Federal Court has sentenced businessman
Ricardo Mansur to three years' imprisonment and a fine of R116,OOO for sending
defamatory emails about Bradesco, the largest bank in Brazil. The court based its
decision on Article 3 of Law 7942/86, which deals with crimes against the national
financial system.
Mansur, the former owner of bankrupted chain of department stores Mappin and
Mesbla, circulated defamatory emails falsely c1aiming that Bradesco was being sued
for loss and damages valued at over R3 billion in the 29th Circuit Civil Court. In
addition, the emails c1aimed that clients had begun to withdraw their money and that
shares in the bank were falling.
The police were able to demonstrate that the defamatory material was sent by
Mansur by tracing the emails to a cyber cafe in London. The police went on to prove
that Mansur was in London at the same time as the emails were sent, and was in fact
living on the same street as the cyber cafe.
The case is an encouraging example of (i) how courts are able to apply existing laws
to crimes carried out using new technology, and (ii) the fact that the Brazilian police
have the technical capability to investigate these sorts of crime.
Erica Aoki, Aoki e Farias Advogados Associados, Sao Paulo
"- © Copyright Globe Business Publishing 2003 Terms & Conditions -/ 00" J
o
http://www.worldebusinesslawreport.com/index.cfm?selectedpub=I.8&action=dsp_item...ll/11 /2003