Nóbrega Advocacia · Cybercrime victims
Lawyer for victims of online scams and cybercrime in Brazil
Scammed online by someone in Brazil? We are a Brazilian criminal law firm acting for victims who live abroad. We report the crime in Brazil, go after the people behind it and follow the money trail. In English, fully remote.
OAB/SPIBCCRIMACRIMESP
In short
Nóbrega Advocacia is a criminal law firm based on Avenida Paulista, São Paulo, Brazil, led by criminal lawyer Dr. Alexandre Nóbrega. We represent victims of online scams and cybercrime who live abroad when the person behind it acted from Brazil. When the conduct takes place in Brazil, in whole or in part, the crime is considered committed in Brazil and Brazilian criminal law applies (Penal Code, articles 5 and 6), even if the victim is in another country. As a rule the case can be started through a lawyer, without travelling to Brazil.
- Who we act for: foreigners and Brazilians living abroad. Our clients include people living in Australia and the Netherlands.
- What we handle: online scams of every kind (romance, investment, crypto, fake stores, phishing, account takeover) and the crimes that come with them: sextortion, leaked intimate content, online defamation, stalking, hacked devices and fake profiles.
- Against whom: the person in Brazil who committed the crime and, when needed, court orders directed at platforms to identify the author or preserve records.
- Where: police, prosecutors and courts anywhere in Brazil. The office is in São Paulo.
- How: WhatsApp and video call, in English or Portuguese. Engagement letter and power of attorney in both languages, signed electronically.
- Payment from abroad: by international transfer. Fees are stated in writing before you hire us.
Online scams we handle
Romance scams
Relationships built online, on dating apps, social networks or content-subscription platforms, to ask for money, often with invented emergencies.
Investment and crypto scams
Fake trading platforms and fake managers that promise returns, show profits on screen and block the withdrawal.
Fake stores and marketplace fraud
Goods paid for and never delivered, cloned stores, listings for properties and vehicles that do not exist.
Phishing and fake support
Messages, emails and calls that pretend to be a bank or a company to obtain passwords, codes or transfers.
Account takeover
A social media, messaging or email account taken over and used to ask your contacts for money.
Fake profiles and impersonation
Someone using your name and photos, or the name of a real company, to deceive other people.
Sextortion
Threats to publish intimate photos, videos or chats unless you pay.
Advance-fee scams
A fee charged in advance for a loan, a prize, a job or a service that does not exist.
Cybercrime under Brazilian law: names and penalties
This is how the most common situations are named in the Brazilian Penal Code, with the penalty written in the statute.
| What happened | Name in Brazilian law | Penalty in the statute |
|---|---|---|
| Romance, investment, crypto and fake-sale scams | Estelionato (fraud), Penal Code art. 171. When done through social media, messaging, email or apps: fraude eletrônica (electronic fraud), art. 171, §2-A | Art. 171: 1 to 5 years in prison and a fine. Electronic fraud: 4 to 8 years and a fine, increased by one third to two thirds if a server outside Brazil is used (§2-B). |
| Blackmail for money under serious threat, including threats to expose photos or chats | Extorsão (extortion), Penal Code art. 158 | 4 to 10 years in prison and a fine. |
| Intimate photos or videos shared without your consent | Penal Code art. 218-C | 4 to 10 years in prison and a fine, if the act is not a more serious crime. Increased by one third to two thirds when the author is or was an intimate partner, or acts for revenge or humiliation. |
| False accusations, defamation and insults posted online | Calúnia, difamação and injúria (crimes against honour), Penal Code arts. 138, 139 and 140 | Up to 2 years of detention and a fine for calúnia, up to 1 year for difamação, up to 6 months or a fine for injúria. The penalty is tripled when the crime is committed or spread on social networks (art. 141, §2). |
| Stalking and repeated harassment | Perseguição (stalking), Penal Code art. 147-A | 6 months to 2 years in prison and a fine. |
| Threats | Ameaça (threat), Penal Code art. 147 | 1 to 6 months of detention or a fine. |
| Hacked phone or computer | Invasão de dispositivo informático, Penal Code art. 154-A | 1 to 4 years in prison and a fine. |
| Fake profile or someone passing as another person | Falsa identidade (false identity), Penal Code art. 307 | 3 months to 1 year of detention or a fine, if the act is not part of a more serious crime. |
These are the penalties written in the law. What applies to a real case depends on the facts, the evidence and the court. One situation often involves more than one crime.
What a Brazilian lawyer can do for a victim abroad
Report the crime in Brazil
A crime can be reported in writing to the police or to the Public Prosecutor's Office (Code of Criminal Procedure, arts. 5, §3 and 27). When the law requires the victim's formal complaint, it can be filed by an attorney with special powers (arts. 39 and 44).
File a private criminal complaint
Crimes against honour, such as defamation, are as a rule prosecuted by the victim through a queixa-crime (Penal Code art. 145). We prepare and file it against the author.
Act as assistant to the prosecution
In cases prosecuted by the State, the victim may join the case as assistant to the Public Prosecutor, propose evidence, question witnesses and take part in the arguments (Code of Criminal Procedure, arts. 268 to 271).
Identify who is behind an account
The interested party may ask a judge to order the provider to hand over connection or access records (Marco Civil da Internet, art. 22). Providers only disclose these records by court order (art. 10, §1).
Act on intimate content
A platform that is notified and does not diligently take down intimate images published without consent becomes liable for the violation (Marco Civil da Internet, art. 21). We send the notification and, when needed, go to court.
Claim damages
Whoever causes harm through an unlawful act must repair it (Civil Code, arts. 186 and 927), including moral damage (Federal Constitution, art. 5, V and X). A civil claim can run alongside the criminal case.
Request a Pix refund, when the payment was a Pix
The Pix Special Return Mechanism (MED), created by Central Bank Resolution 103/2021, allows a refund request in cases of suspected fraud. The request is made through the institution of the person who sent the Pix.
Deadlines that matter
6 months
For crimes that depend on a private complaint or on the victim's formal complaint, such as defamation, stalking and threats, the right is lost if not exercised within six months from the day you learn who the author is (Penal Code art. 103; Code of Criminal Procedure art. 38).
6 months and 1 year
Internet application providers run as a business must keep access records for six months (Marco Civil da Internet, art. 15) and connection providers for one year (art. 13). After that, the data that identifies the author may no longer exist.
80 days
According to the Central Bank of Brazil, a Pix refund request under the MED only reaches transactions made within the last 80 days. Since 2 February 2026 the recovery procedure also traces and blocks funds in the accounts the money was passed on to. A refund depends on a balance being found and is not guaranteed.
Acting from abroad: what you need to know
- Power of attorney: public documents issued in a country that is party to the Hague Apostille Convention (in force in Brazil by Decree 8.660/2016), including a power of attorney drawn up or with the signature certified by a notary, do not need consular legalisation when apostilled.
- Translation: in civil proceedings, a document in a foreign language can only be filed with a Portuguese version by a sworn translator (Code of Civil Procedure, art. 192, sole paragraph).
- Security for costs: in a civil lawsuit, a plaintiff who lives outside Brazil and owns no real estate in the country must post security for court costs and the other side's attorney fees (Code of Civil Procedure, art. 83). The security is not required when a treaty to which Brazil is a party waives it, in enforcement of a judgment, or in a counterclaim.
- Your statement: as a rule the case starts without you travelling to Brazil. Later steps, such as the victim's statement, depend on what the authority decides.
How it works, step by step
You tell us what happened
By WhatsApp, in English or Portuguese. Attorney-client confidentiality applies from the first message.
We review the evidence
Chats, payment records, profiles and links: what proves the crime, what identifies the author and what is still missing.
You receive a written assessment and the fee
Which paths exist in your case, in which order, and how much it costs, before you hire us.
Engagement letter and power of attorney
In English and Portuguese, signed electronically.
We act in Brazil
Report to the police or the Public Prosecutor, complaint against the author, requests to the court, notifications to platforms, civil claim, as the case requires.
You follow the case from where you are
Updates in writing, and by video call when needed.
Evidence to keep now
- Full conversations, exported or in screenshots that show the username, the date and the time.
- Links to the profiles, pages and posts involved, and the account names exactly as written.
- Every proof of payment: bank transfers, card statements, PayPal, platform invoices, crypto transaction hashes and wallet addresses.
- Photos, videos, voice messages and files you received, kept in the original format.
- Anything that identifies the person: names, documents, phone numbers, emails, addresses, bank accounts.
- The police report made in your country, if there is one.
- A short timeline: what happened and when.
- Do not delete the chats or your account, do not send more money and do not threaten the other person.
Brazilian legal terms, in plain English
- Boletim de Ocorrência (B.O.)
- The police report that records the crime.
- Notícia-crime
- A written communication of a crime to the police or the Public Prosecutor's Office.
- Representação
- The victim's formal complaint that some crimes require before the State can prosecute.
- Queixa-crime
- A criminal complaint filed by the victim, through a lawyer, in crimes of private prosecution such as defamation.
- Ministério Público
- The Public Prosecutor's Office, which prosecutes crimes on behalf of the State.
- Assistente de acusação
- The victim acting in the criminal case alongside the prosecutor, through a lawyer.
- Inquérito policial
- The police investigation that precedes the criminal case.
- MED
- Mecanismo Especial de Devolução, the Central Bank's procedure to request the return of a Pix in case of fraud.
- Pix
- Brazil's instant payment system, run by the Central Bank.
- Tradutor juramentado
- A sworn translator, whose translation is accepted by Brazilian courts.
Frequently asked questions
I was scammed online by someone in Brazil. What should I do first?
Stop sending money, keep every chat and proof of payment, and tell your bank or payment provider right away. Then talk to a lawyer in Brazil: some measures have short time limits, such as platform records and Pix refund requests.
Do I need to be in Brazil to hire a lawyer or start the case?
No. Meetings, documents and the engagement letter are handled remotely, and as a rule the case is started through a lawyer. Later steps, such as the victim's statement, depend on what the authority decides.
Does Brazilian law apply if I have never been to Brazil?
When the conduct takes place in Brazil, in whole or in part, the crime is considered committed in Brazil and Brazilian criminal law applies (Penal Code, arts. 5 and 6), even if the victim is in another country.
I only know a username. Can the person be identified?
It may be possible. A judge can order the provider to hand over the records of the account (Marco Civil da Internet, art. 22). Providers keep these records for a limited time, six months for applications and one year for connection, so timing matters.
Can I get my money back?
It depends on the case: how long ago it happened, where the money went and who received it. The initial review shows which options exist. No serious lawyer promises the outcome before that.
I already reported it to the police in my country. Does that help?
Yes, keep the report. It is evidence of what happened and when. It does not replace a report in Brazil when the author is here.
Is there a deadline?
For crimes that depend on the victim's complaint, such as defamation, stalking and threats, the right is lost after six months from the day you learn who the author is (Penal Code art. 103). Other limits apply to platform records and to Pix refunds.
Can the platform be ordered to remove content or reveal who posted it?
Access records are disclosed by court order (Marco Civil da Internet, arts. 10 and 22). For intimate images published without consent, the platform must act after being notified (art. 21). Each request depends on the facts of the case.
Can I write to you in English?
Yes. You can message us in English on WhatsApp, and the engagement documents are prepared in English and Portuguese.
How much does it cost and how do I pay from abroad?
Fees depend on the case and are given in writing after the review, before any engagement. Payment from abroad is made by international transfer.
Is what I tell you confidential?
Yes. Attorney-client confidentiality applies from the first message, whether or not you hire us.
Who is responsible for this page
Dr. Alexandre Nóbrega, criminal lawyer admitted to the São Paulo Bar (OAB/SP), founding partner of Nóbrega Advocacia, member of IBCCRIM and ACRIMESP.
Official sources
- Código Penal (Decreto-Lei 2.848/1940)
- Código de Processo Penal (Decreto-Lei 3.689/1941)
- Marco Civil da Internet (Lei 12.965/2014)
- Código de Processo Civil (Lei 13.105/2015)
- Código Civil (Lei 10.406/2002)
- Decreto 8.660/2016 (Convenção da Apostila da Haia)
- Banco Central do Brasil, Guia do MED do Pix
This page is general information and not legal advice for a specific case.
Tell us what happened
The review starts with the facts and the evidence of your case, under attorney-client confidentiality from the first message.
Avenida Paulista, 2064, 14º andar, Bela Vista, São Paulo/SP, CEP 01310-200, Brasil