Regulatory Compliance: The new reality of the Digital ECA
On March 17, Law No. 15,211/2025—also known as the Digital ECA—comes into force. This regulatory milestone focuses on the full protection and best interests of […]
On 05/19/2026, the Chamber of Deputies approved Bill No. 3,066/2025, which establishes measures to combat sexual violence against children and adolescents in the digital environment, including conducts practiced with the use of artificial intelligence and anonymization techniques. The text now goes to the Federal Senate for analysis.
The deliberation takes place at a time of special relevance: on May 18, the National Day to Combat Sexual Abuse and Exploitation of Children and Adolescents was celebrated, in the context of the #MaioLaranja campaign, which seeks to give visibility to a structural problem that victimizes thousands of children and adolescents in the country.
The proposal amends the ECA, Penal Code and related legislation, with a focus on intensifying criminal treatment and updating legislation in the face of new technological dynamics.
Main points of the Bill:
◉ Use of AI and synthetic content: express inclusion of deepfakes and AI-generated content as means of committing crimes.
◉ Criminalization of the consumption of illicit content: typification of deliberate access to illegal material via streaming, even without downloading.
◉ Heinous crimes: expansion of the list of sexual crimes against minors classified as heinous.
◉ New investigative tools: prediction of virtual patrols, digital infiltration, and access to connection data in emergency cases.
◉ Technological aggravating factors: increased penalty for the use of anonymization, fake profiles, AI, and digital platforms.
◉ Reformulation of grooming: expansion of the crime of grooming, with new conducts and majors.
◉ Expansion of the concept of illicit: inclusion of real, fictitious or manipulated images with sexual connotations.
◉ Toughening penalties: significant increase in sanctions for the production, possession, sharing, and commercialization of illicit content.
◉ Protection and reparation for victims: guarantee of specialized care and accountability of the aggressor for the costs of treatment.
◉ Effects of conviction: possibility of loss of public office, legal restrictions and other automatic consequences.
Why is it relevant?
The approval consolidates the movement of evolution of the regulatory framework started with the “ECA Digital”, which established preventive obligations for platforms and providers in the online environment.
While ECA Digital reinforces the preventive and governance dimension, PL No. 3,066/2025 advances in the criminal and repressive dimension, expanding accountability for illicit conduct mediated by technology, including the use of artificial intelligence.
The text thus signals an integrated regulatory tightening, with relevant impacts for digital platforms, technology companies, and compliance structures, especially on topics such as content moderation, AI governance, and cooperation with authorities.
Peck Advogados continuously monitors the legislative evolution in artificial intelligence and digital crimes, with a specialized team to support the assessment of impacts and regulatory adequacy. For more information, please contact us by e-mail contato@peckadv.com.br.
Peck Advogados supports the social and educational initiative of the Peck Institute for Digital Citizenship. To learn more: www.ipcd.org.br
Prepared by: Dr. Giovanna Bortoto, Business and Government Relations Manager and Caroline Morata, Legal Assistant at Peck Advogados
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