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Catfishing: a conduta de assumir uma identidade falsa nas plataformas de mídia social e suas consequências jurídico-penais

Almeida, Paulo Henrique Carvalho ; Costa, Sebastião Patrício Mendes da (2025) — Opinión Jurídica

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DOI: 10.22395/ojum.v24n51a4340 (opens in a new tab)

Type:   Journal Article
Country:   Brazil
Tags:   AI-Enabled Fraud, Brazilian Criminal Law, Catfishing, False Identity, False Profiles, Online Fraud, Online Relationships, Social Media
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Synopsis

            
The central objective of the work is to examine the legal issues associated with the use of fake profiles on social media platforms, in order to determine whether such conduct constitutes a criminal offense under Brazilian law. The research addresses the problem by asking whether adopting a false identity on social networks amounts to the crime of false identity as defined in the Brazilian legal system. To reach this aim, an analytical foundation is built that includes presenting operational concepts related to the platforms and identifying statistical data on the use of this information and communication technology. The study then discusses the practice known as catfishing as a concrete example of presenting a non-existent identity in the virtual environment, describing the origin of the term and its connection with social networks. The analysis also provides an overview of the phenomenon and situates the topic within the relevant legal debate before moving on to a normative assessment. The investigation uses the inductive method, with a qualitative approach, combining technical procedures of bibliographic and documentary research to support its inferences. By situating catfishing within digital dynamics, the work shows how the use of social media platforms for deception is intrinsically linked to specific modes of online interaction. Although this behavior is widely observed, the analysis shows that, on its own, it does not constitute a criminal offense in Brazil under the prevailing legal interpretation. The empirical contribution lies in clarifying that the practice may, however, fall under the criminal offense of false identity if there is proof of intent — that is, the deliberate purpose of assigning oneself an incorrect identity in order to obtain an advantage or cause harm. This determination depends on a contextual evaluation that considers the agent’s intention. The conclusion highlights the need for a contextualized reading of the conduct for criminal purposes, emphasizing the complexity of the issue in light of new forms of digital interaction. The study points to the relevance of greater attention from legislators and legal scholars in the face of technological changes, so that clearer criteria exist regarding accountability and the boundaries between deception and criminal offense. In summary, the research advances by mapping the conditions under which the practice may be treated as false identity, while recognizing that punitive application depends on subjective elements and the current legal framework.

          

        
                  

            
Identified Gaps

            
Brazil lacks a specific criminal offence for creating and using false profiles in virtual environments. The paper identifies a need for legislative and doctrinal attention to new forms of digital interaction, since traditional offences require contextual assessment of intent, advantage, harm, and the applicable, potentially more serious offence.

          

        
                  

            
Methods

            
Qualitative, inductive bibliographic and documentary legal research. The study reviews scholarly literature, digital-platform material and statistics, legislation, and judicial decisions to define catfishing, identify enabling conditions and motivations, and assess whether false online identity fits Article 307 of the Brazilian Penal Code or other offences.

          

        
                  

            
Limitations

            
The article is a doctrinal legal analysis based on bibliographic and documentary sources, legislation, and selected judicial decisions. It does not report primary data collection from victims, offenders, platforms, or law-enforcement agencies; therefore, its conclusions concern legal interpretation rather than prevalence, victim experiences, or intervention effectiveness.

          

        
                  

            
Future Work

            
Develop legislation specifically addressing creation and use of false online profiles, while preserving legality, minimum intervention, and proportionality. Strengthen digital education and preventive public policies, and keep legal interpretation and rules updated for technologically mediated identity deception.

          

              

    
    

        
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