Statute of Children and Adolescents, Federal Law no. 8.069, 1990

The crime described in Article 241-A specifies as crime the activity of legal guardians of Internet Service Providers regarding pornography involving children or adolescents, but conditions liability to failure of takedown upon notice: “Article 241-A. Offer, exchange, provide, transmit, distribute, publish or disclose by any means, including by computer or telematic system, photography, video, or other record containing explicit sex scenes or pornography involving a child or adolescent. Penalty - imprisonment of three (3) to six (6) years and a fine. §1 The same penalties apply to those who: I - ensures the means or services for storing pictures, scenes or images referred to in this article; II - secures, by any means, the access by means of a network of computers to photographs, scenes or images of the caput of this article. §2 The behaviors described in sections I and II of §1 of this Article shall be punishable when the legal guardian for the service has been officially notified, but still fails to disable access to the illegal content referred to in this article.” No other crimes specifically address intermediary liability, although they still may occur to Internet Service Providers by virtue of direct liability.