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