Software Infringement: Legal Consequences in Brazil

In Brazil, the unauthorized use of software constitutes an intellectual property violation, which may result in both civil and criminal consequences. This means that the software owner may seek financial compensation and also pursue criminal accountability for those involved in the infringement.

In the civil sphere, the developer or rights holder may file a damages claim based on the unauthorized use of their software, in accordance with Law No. 9.609/98 (the Brazilian Software Law). Brazilian courts consistently recognize the right to compensation for material damages — and in some cases, even moral damages, especially when there is bad faith, recurrence, or large-scale use.

In the criminal sphere, Article 12 of the Software Law defines the violation of software copyrights as a criminal offense, punishable by detention from six months to two years or a fine. Unlike other types of intellectual property crimes, Brazilian law provides that this offense is subject to a private criminal action. In other words, it is up to the rights holder to initiate criminal proceedings, by filing a formal complaint (queixa-crime) with legal representation.

This feature requires a strategic evaluation by the software owner, as the criminal route depends on direct initiative. In many cases, filing a private criminal action can be a highly effective tool — particularly in situations involving repeated infringement or attempts to conceal unauthorized use.

It’s important to note that each case must be assessed individually, considering factors such as the scale of the infringement, the extent of unauthorized use, the conduct of the infringing party, and other relevant elements. Choosing between civil, criminal, or combined actions depends on a tailored legal analysis.

Our firm regularly advises clients in such cases, developing customized legal strategies to protect their software assets and ensure that violations are addressed effectively using the available legal tools.

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