Brazilian Law No. 15,397/2026: stricter penalties for property crimes and focus on cybercrimes

In brief

Brazilian Law No. 15397, of April 30, 2026, introduces relevant changes to the Brazilian Penal Code by strengthening the legal treatment of crimes against property, with special attention to conducts committed by electronic, computer-based, or digital means. The new legislation comes in response to the significant increase in crimes committed using the internet, electronic devices, and victims’ personal and banking data, as well as the increasingly significant economic losses resulting from these practices.

Among the central changes, the following stand out: (i) the increase in penalties for crimes such as theft, robbery, embezzlement, and receiving stolen goods; (ii) the creation of aggravated electronic crimes; (iii) the criminalization of the illegal lending of bank accounts (“straw account”); and (iv) the strengthening of criminal penalties for electronic fraud. The law also eliminates the requirement of representation of the victim for the criminal prosecution of the crime of embezzlement, reinforcing the State’s role in the repression of these conducts.

Context: rise in electronic property crimes

In recent years, there has been a significant increase in property crimes committed using the internet and other electronic means. This growth is evident not only in the number of occurrences, but also in the amounts involved — often substantial — with direct impacts on victims, both individuals and legal entities.

The sophistication of digital criminal practices has significantly broadened the spectrum of risks. Among the most recurrent conducts are the fraudulent obtaining and use of passwords, the misuse of stolen electronic devices to access bank accounts, financial applications, and corporate systems, as well as fraud based on social engineering, phishing, application cloning, and device duplication.

Schemes involving social media, fraudulent phone calls, and fake emails have also become common, with the aim of inducing victims to provide sensitive data, authorize transfers, or make improper payments. These crimes have received relevant media coverage and caused growing legal concern, especially in view of the vulnerability of companies exposed to financial fraud, embezzlement, and data breaches.

It is in this scenario that Brazilian Law No. 15397/2026 is inserted, with the aim of adapting the penal system to the reality of contemporary property crimes.

Overview of the changes introduced by Law No. 15397/2026

The new law introduced significant adjustments to reinforce the deterrent effect of criminal legislation and ensure stricter enforcement against conducts of high economic and social impact.

Among the main changes, the following stand out:

• Theft by fraud committed through electronic or computer means

The law now expressly provides for the aggravating circumstance of theft committed through fraud perpetrated by electronic, computer, or digital means, recognizing the specificity and gravity of these conducts in the virtual environment.

• Theft or robbery of electronic devices

Specific provisions have been introduced for the theft or robbery of a mobile phone, computer, tablet, or similar electronic device, considering not only the direct economic value of these assets but, above all, the access they provide to personal data, bank accounts, digital assets, and sensitive business information.

• Crime of lending a bank account (“straw account”)

Brazilian Law No. 15397/2026 independently criminalizes the conduct of lending for free or for a fee, a bank account to facilitate the transit of funds intended for the financing of criminal activity or derived from such activity. This is a significant innovation, aimed at repressing financial structures that enable fraud, electronic scams, and less complex money laundering schemes.

• Electronic fraud – harsher penalties

The legislation also strengthens the criminal treatment of electronic fraud. The Brazilian Penal Code now expressly provides that:

“The penalty is imprisonment, from 4 (four) to 8 (eight) years, and a fine, if the fraud is committed with the use of information provided by the victim or by a third party misled through social media, telephone contacts, fraudulent e-mails, duplication of an electronic device or internet application, or by any other analogous fraudulent means.”

The wording highlights the legislator’s concern with social engineering techniques and the use of digital channels as instruments of crime.

• Elimination of the requirement of representation in the crime of embezzlement

Another relevant change introduced by the law is the elimination of the need for victim representation for the prosecution of the crime of embezzlement. As of the new legislation, the criminal prosecution depends exclusively on the initiative of the Police and the Public Prosecution Office, no longer requiring the victim to expressly press charges.

Final considerations

Brazilian Law No. 15397/2026 represents a clear movement to strengthen the criminal response to crimes against property, aligning the Brazilian Penal Code with technological transformations and the increase in electronic fraud. For companies and institutions, the new scenario reinforces the importance of robust prevention policies, internal controls, employee training, and rapid response to incidents, in a significantly stricter regulatory and repressive environment.