Brazil’s Supreme Court rules that the Federal Court has jurisdiction to judge the crime of transnational copyright infringement

Brazil’s Supreme Court rules that the Federal Court has jurisdiction to judge the crime of transnational copyright infringement

In a decision handed down last week (18), the Federal Supreme Court (STF) upheld, by a majority, Extraordinary Appeal No. 702362, which involved transnational copyright infringement. In this case, the court held that the Federal Court has jurisdiction to prosecute and judge criminal actions involving transnational copyright infringement. This decision was recognized as a matter of general repercussion.

The main object of the action was the importation from Paraguay to Brazil of media reproduced in violation of copyright (counterfeit CDS). Following the complaint made by the Federal Public Prosecutor’s Office (MPF), the federal judge assigned to the case declined jurisdiction, understanding that, as a rule, the jurisdiction to prosecute and judge acts of copyright infringement lies with the State Courts, since the offense involves only private interests and, therefore, does not constitute a direct injury to any asset, service or interest of the Union. The decision was upheld in the second instance.

The MPF then filed an extraordinary appeal claiming that the decision violated art. 109, V of the Federal Constitution (CF), which states that “federal judges are responsible for prosecuting and judging the crimes provided for in an international treaty or convention, when, after execution has begun in the country, the result has or should have occurred abroad, or reciprocally.”

In his vote, the rapporteur, Justice Luiz Fux, stressed that copyright is protected in Brazil under international treaties and that the crime falls within the hypothesis indicated by article 109, V of the Federal Constitution, and that “it is imperative to recognize that the Federal Court is responsible for prosecuting and judging any crimes against intellectual property that have their execution initiated in Brazil, and that the result occurs or should have occurred abroad, or reciprocally”. Thus, the rapporteur understood that “transnationality, in such cases, attracts the jurisdiction of the Federal Court, even if the crime is not expressly typified in a treaty or convention, since the commitment assumed by the Federative Republic of Brazil to protect copyright has been configured”.

The action can be accessed via the link: https://redir.stf.jus.br/estfvisualizadorpub/jsp/consultarprocessoeletronico/ConsultarProcessoEletronico.jsf?seqobjetoincidente=4276656

The vote of min. Luiz Fux’s vote can be accessed via the link: https://www.migalhas.com.br/arquivos/2023/12/29083610281F84_4363248.pdf

Note: For quick release and cost control, this English version is provided by automated translation without human review.