Cablegate: Brazil Criminalizes Possession of Child Pornography With

VZCZCXRO6771
RR RUEHRG
DE RUEHBR #1608 3501910
ZNR UUUUU ZZH
R 151910Z DEC 08
FM AMEMBASSY BRASILIA
TO RUEHC/SECSTATE WASHDC 3104
RUEAWJA/DEPT OF JUSTICE WASHDC
INFO RUEHRG/AMCONSUL RECIFE 8806
RUEHSO/AMCONSUL SAO PAULO 3203
RUEHRI/AMCONSUL RIO DE JANEIRO 6988
RUEHAC/AMEMBASSY ASUNCION 7264
RUEHBU/AMEMBASSY BUENOS AIRES 5976
RUEHMN/AMEMBASSY MONTEVIDEO 7614
RUEHSG/AMEMBASSY SANTIAGO 0758

UNCLAS BRASILIA 001608

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PREL PGOV KCRM BR
SUBJECT: BRAZIL CRIMINALIZES POSSESSION OF CHILD PORNOGRAPHY WITH
USG ASSISTANCE

1. (U) Brazilian President Lula opened the Third International Child
World Congress in Rio de Janeiro on November 25 (SEPTEL) by pulling
out his pen in front of thousands of participants and signing a bill
that made possession of child pornography a felony, the first time
it has been criminalized in Brazil. As Lula signed the new law, he
commented that "this is the result of the CPI (Investigative
Committee of Congress) making Brazil see that this animalistic crime
is happening within our borders." The legislation went from a
concept to a signed bill in only 8 months, due in large measure to a
partnership between its author, Senator Magno Malta, and the
Embassy's Resident Legal Advisor (RLA). End summary.

Turning Lemons into Lemonade
----------------------------

2. (SBU) In March 2008, Senator Malta (Party of the Republic
Espiritu Santo state) insisted on meeting with the Embassy to
complain about the alleged sexual abuse of a young boy by a TDY ICE
agent in Rio earlier that year. Asserting that he had been treated
poorly by U.S. Customs when he travels to the United States, Malta
said he was outraged when he learned that the agent had been
returned to the United States. ICE Attache Charles Allen explained
the PROTECT Act, and indicated that ICE has successfully prosecuted
and obtained convictions in ten such cases internationally, all
resulting in sentences in excess of 10 years. Impressed, Malta
accepted from RLA Karine Moreno-Taxman copies of relevant U.S. laws
and asked her to provide advice to the Child Pornography CPI that
had been designated by the Brazilian Congress to draft legislation.
Working with U.S. law as a model, the RLA assisted the CPI in
drafting the legislation that Lula signed into law.

3. (U) When the RLA first met with the CPI, several members
expressed concern regarding the government regulation of "simple"
possession, as they feared such action could affect free speech.
Only after the RLA explained that child pornography was used by
perpetrators to "groom" children into committing such acts did CPI
members understand the full implications of possession. Through the
RLA's work with the CPI and Malta's efforts, the bill was put on a
very quick trajectory to passage. When the Senate passed the law,
Malta publicly thanked the United States, the Embassy, and the RLA.
At the World Congress in Rio, Malta again publicly thanked the
Embassy for its assistance, specifically mentioning the work of the
RLA, ICE, and the FBI.

RLA Sponsors Conference for Brazilian Law Enforcement, Prosecutors,
Judges
--------------------------------------------- -------

4. (U) Relatively few criminal bills pass into law in Brazil, and
these often are not implemented, principally as a result of lack of
awareness, training, and coordination among law enforcement and the
judiciary. With this in mind, following the passage of Brazil's law
in the Senate and its imminent passage in the Chamber of Deputies,
the RLA enlisted Malta, the Espiritu Santo state government, the
Federal Police, Federal Prosecutors, and the Federal Judiciary to
organize in October the first international training conference in
Brazil on child pornography. The conference, which provided joint
training to over 400 judges, prosecutors, and law enforcement
agents, also represented a first in ensuring that all branches were
ready to enforce the new law immediately after enactment.

Comment: A Model for Partnership
---------------------------------

5. (U) Brazil has shown the political will and ability to
collaborate with the United States on law enforcement and justice
sector issues when we approach Brazilians as partners. Post's work
on this legislation has reinforced our sense that personal
relationships with Brazilian counterparts in the legislature,
judiciary, prosecutor's office, and police are critical to achieving
our objectives. This work also confirms the valuable role that
congress, and CPIs in particular, can play in advancing our
interests, especially when those interests require legislation.
Indeed, these relationships have proven helpful in broaching new
areas of U.S. interests in Brazil. For example, at the RLA's
urging, Senator Malta has introduced legislation that would allow
for easier conversion of Interpol "red notices" into viable
Brazilian warrants. Post plans to continue developing and deepening
these relationships and to explore other areas where we can advance
our interests by serving as a source of information for the CPIs,
congressional committees, and key legislators.

SOBEL

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