Data collection on cybercrime in Brazil: an empirical analysis based on DATAJUD/CNJ

Abstract

This study empirically analyzes the paradox between the high reporting rates of cybercrimes and the scarcity of criminal prosecutions in Brazil — a phenomenon David S. Wall termed the "cybercrime enigma" and Fernando Miró Llinares examined through the lens of the dark figure of cybercriminality. Drawing on primary data extracted from the DATAJUD panel of the National Council of Justice (CNJ), the study examines historical series of pre-trial and trial-stage proceedings relating to two criminal offenses: unauthorized access to computer devices (Article 154-A of the Brazilian Penal Code) and electronic fraud (Article 171, §2-A of the Brazilian Penal Code), covering the period from 2020 to April 2026. The findings reveal consistent growth in the judicialization of both offenses, with a marked acceleration from 2024 onward —particularly for electronic fraud, which recorded a +5,325% increase in new cases between 2024 and 2025. When cross-referenced with estimates from the Brazilian Public Security Yearbook (FBSP, 2025) — which reports over 80 million victims of virtual fraud and losses of approximately BRL 40 billion in a single year — the criminal prosecution conversion rate remains negligible, at approximately 0.001%. The study concludes that, while the Brazilian criminal justice system is undergoing an inflection point in its institutional response to cybercrime, the chasm between actual victimization and effective jurisdictional response poses urgent structural challenges for contemporary criminal policy.