Crimes on Orkut: understand the chronological evolution of the case that defies the institutions of the Democratic Judicial State in Brazil.

This topic is in permanent process of update, visit regularly to follow the news.
UPDATED : 14/09/2006

22/01/2004 - The economic group Google launches the service Orkut, created by a Turkish engineer called Orkut Büyükkokten. Rapidly, the service wins the preference of Brazilian internet users, who become majority in access to this site. The service terms of the newly-launched Orkut establishes the minimum age of 18 (eighteen years old) for registration and use.

20/09/2004 - The Agency Repórter Social publishes the first accusation-news about the violations of Human Rights on Orkut, under the title "Nazism, racism, xenophobia, pedophilia: meet the other side of Orkut".

06/02/2005 - The newspaper The New York Times publishes extensive news on the crimes against Human Rights practiced on Orkut and the difficulties faced by the Brazilian authorities regarding the identification and responsibility of the criminals, as well as the position of Google regarding the problem. April 2005 - In order to serve directly the Brazilian consumers, great majority of clients of this service, Google makes available an official version of the site Orkut in Portuguese, with the Brazilian version being the second to be launched, after the original version in English.

02/06/2005 - In view of the frightening increase on the number of racist profiles and communities on Orkut, the Public Ministry intensifies the investigations.

20/06/2005 - The group Google initiates its economic activities in Brazil. For such, it’s created a subsidiary company, the controlled commercial society Google Brazil Internet Ltda., sited and represented in city of São Paulo, whose only partners are the American companies Google Inc. and Google International LLC. July 2005 - The first crime-news are produced, reporting the distribution, in large scale, of images containing pornographic and explicit sex scenes involving children and adolescents on Orkut. Inquired about this news through the office in Belo Horizonte, Google Brazil refuses to take actions, arguing that the problem should be solved in the United States, by the North American offices. The criminal-news produced is sent to the Human Rights Division of the Federal Police in Brasília, with a request to initiate criminal inquiries to investigate the facts and punish those responsible.

10/08/2005 to 31/08/2005 - It is published, by the Agência Reporter Social, a series of reports "Orkut Without Law", reporting in 28 especial news, the dimension, reach and gravity of the crimes against the Human Rights practiced unpunished on Orkut. December 2005 - The number of accusations of child pornography and pedophilia on Orkut reaches 1582 (one thousand and eighty two), forcing the SaferNet Brazil through its president, to request an audience with the General Director of Google Brazil, Mr Alexandre Hohagen, to present the criminal-news produced and request immediate actions. Google Brazil did not respond to the hearing request.

13/01/2006 - In view of the omission and lack of response from Google Brazil, the SaferNet Brazil requests the intervention of the Brazilian Association of Internet Providers (ABRANET), with the purpose of beginning some sort of dialogue with those responsible for the company in Brazil and request immediate actions regarding the increase of cybernetic criminality on Orkut, particularly child pornography and pedophilia. The ABRANET informs that the attempts of making contact with Google Brazil were ignored.

19/01/2006 - In view of the various frustrated attempts to make contact, SaferNet Brazil requests a hearing with the Attorneys General, members of the Group of Combat to Cybernetic Crimes of the State Justice Department of São Paulo (MPF - SP, Brazilian abbreviation) to discuss the problem. On the occasion, the MPF-SP informed the existence of hundreds of proceedings in place to investigate pedophilia and racism crimes on Orkut, and that until then, the company had not responded to the requests made by the MPF - SP.

07/02/2006 - The newspaper O Estado de São Paulo publishes a special report on the most varied crimes practiced unpunished on Orkut, highlighting the action of Brazilian pedophiles, which use the site to allure our children and adolescents. Even so, Google Brazil prefers to keep silent and ignore the press and the Brazilian civil society requests.

23/02/2006 - Understanding that all alternatives of administrative solutions were exhausted, and that there is no interest on Google’s Brazil part to resolve the severe crimes practiced by Brazilians through Orkut in Brazil, the SaferNet Brazil decides to formalize civil and criminal court lawsuits at the MPF-SP against Google Brazil Internet Ltda, requesting the establishing of competent police investigation to determine the criminal responsibility of those in charge of the company in Brazil by the crimes specified in (INCISOS) II and III of paragraph 1 of the Article 241 from the Child and Adolescent Statute, and on Art. 68 of the Consumer Defense Code, as well as the judging of a Public Civil Action. The representation is based on a report of 150 (one hundred and fifty) pages which describe in details the crimes and violations against Human Rights practiced in large scale by Brazilians through Orkut in Brazil.

10/03/2006 - Based on the representation of SaferNet Brazil, the MPF-SP summons the General Director of Google Brazil, Alexandre Hohagen, to a hearing at the Federal Attorney Office, under the penalty of committing the crime of contempt and being conducted coercively. At the hearing, the Director of Google Brazil seems concerned and interested in solving the problem. The MPF-SP proposes the adhesion of Google Brazil to a cooperation agreement firmed in November 10th 2005 among the main internet providers in Brazil and the MPF-SP. The Director of Google commits to answer in a few days.

21/03/2006 - In view of the lack of answers and effective actions from Google Brazil, the SaferNet Brazil decides to protocol a request for actions, based on a 220 (two hundred and twenty) page dossier, at the Commission of Human Rights and Minorities of the House of Commons and at the Council of Defense for Human People, presided by the Minister of Human Rights Paulo de Tarso Vanucci.

11/04/2006 - The Federal Justice of São Paulo breaks the (TELEMÁTICO) secrecy of pedophiles and racists of Orkut investigated by the Federal Public Ministry of SP and accused by SaferNet Brazil. Google is obliged to give the IP information (internet protocol number), access logs and registration details of the Brazilian criminals who had confirmedly practiced crimes of pedophilia and racism on Orkut in Brazil.

18/04/2006 - The Google Brazil Internet Ltda. gives the State Justice of São Paulo all the information regarding the users who created false profiles of a known local socialite who was defamed and calumniated on Orkut, and had her name unduly registered on a community called "Assumed Tacky". This case is the definitive proof that the company Google Brazil can collaborate with Brazilian Justice and follow official orders addressed to them. Read part of the public lawsuit filed at the 38th Civil Area of the Judiciary District of São Paulo State.

26/04/2006 - As the results of the actions request number 002.2006/SaferNet Brazil, registered on 21/03/2006 at the Commission of Human Rights and Minorities of the House of Commons, there is a Public Hearing with the participation of the Vice-President of Corporate Development of Google Inc., David Drummond, and representatives of Federal Police, Federal Public Ministry, Federal Government, Managing Committee of Internet in Brazil (CGI.br), Brazilian Association of internet Providers (ABRANET) and from SaferNet Brazil. At the hearing the executive of Google Inc. commits to collaborate with Brazilian Authorities for the elucidation of the crimes practiced by Brazilians on Orkut and seems interested in signing an agreement with the Brazilian authorities. Surprisingly, the newly hired lawyer (and present attorney) of the American company takes a different attitude, creating doubts about the real interest of Google on a deal with Brazilian Authorities. A new meeting is agreed for 14:00hr on 16/05/2006 at the MPF-SP, to define the proceedings and effective start of this cooperation. Listen to the audio and read the shorthand-typed notes from the public hearing at the House of Commons. 16/05/20 - With ten minutes to the start of the meeting, Google Brazil Internet Ltda. cancels unilaterally the hearing with no justification. The meeting aimed at discussing a way to conduct the judicial orders of breaking the TELEMÁTICOS secrecies necessary to the investigation of the crimes, as well as to discuss prevention measures to avoid cybernetic crimes on Orkut. As a consequence, the Federal Public Ministry of SP determines the opening of police investigations to determine the responsibility of the Directors of Google regarding the contempt crimes (art. 330 of Penal Code) and personal advantage (art 348 of Penal Code).

23/05/2006 - After canceling unilaterally the meeting at the MPF-SP, a team from Google Inc., leaded by Mrs. Nicole Wong, appears at a meeting at the Commission of Human Rights and Minorities of the House of Commons in Brasília. At the meeting, the representatives of Google in America reaffirmed the commitment to collaborate with Brazilian Authorities on the investigation of the crimes practiced on Orkut and commit to give a position in 15 days, about the signature of a formal cooperation agreement.

01/06/2006 - The Federal Attorney Dr. Fernando de Almeida Martins, from the Federal Public Ministry in Minas Gerais, files a Public Civil Lawsuit nº 2006.38.00.018200-1 at the Federal Justice of Minas Gerais against Google Inc.

27/06/2006 - The Commission of Regulation and Energy of the Chamber of Representatives in Congress of the USA performs a Public Hearing. Under oath, the representative of Google Inc. confirms that the company has a "zero tolerance" policy with child pornography, and cooperates regularly with the authorities in other countries on the elucidation of such crimes. During the whole hearing Mrs Wong makes no references to the problems related to pedophilia on Orkut, or even that she has been to Brazil to discuss the subject, or that she has committed to cooperate with the Brazilian Authorities. Read the testimony of the Legal Director of Google Inc. at the US Congress. July 2006 - The Commission of Human Rights and Minorities of the House of Commons (CDHM) tries, without success, to obtain with Google the information necessary from the Brazilian pedophiles and racists who are practicing crimes on Orkut against Brazilian citizens, in Brazil.

28/07/2006 - In view of the alarming growth on the number of victims on Orkut, notably Brazilian children and adolescents, the president of SaferNet Brazil requests a hearing with the General-Director of Google in Brazil, Alexandre Hohagen, to present the balance of the accusations received by the institution on the first semester of 2006 and appeal for immediate actions. The Director of Google Brazil refuses to talk about the subject or set a date for the meeting.

03/08/2006 - The Commission of Human Rights and Minorities of the House if Commons requests the technical, scientific and operational support of SaferNet Brazil on the elaboration of a dossier about child pornography and pedophilia on Orkut, to be sent to the US Congress.

09/08/2006 - The 9th Civil Chamber of the Court of Justice of Rio Grande do Sul issued an official preliminary decision determining that Google Brazil Internet Ltda. removes the photographs of a girl from the relationship site Orkut, due to unauthorized publication, denying appeal from Google’s lawyers and determining the responsibility of Google Brazil Internet Ltda to follow the judicial decisions. In their decisions the judges highlighted that "the allegation of being unable to follow the conceded preliminary decision from the appellant because it has no control over the information kept on the servers of Google Inc. and Google International LLC., sited in the USA, does not proceed. The social contract of the appellant, Google Brazil, informs that the partnership is formed by both companies abovementioned, which, in turn, are responsible by the maintenance of the website www.orkut.com"; "all companies are part of the same financial conglomerate, converging their interests to the same point. The profits or expenditures of Google Brazil are the same as those companies, as only partners of the limited, within its responsibility". Read the whole decision.

15/08/2006 - The SaferNet Brazil concluded the report requested by the Commission of Human Rights and Minorities from the House of Commons, that describes, in 130 (one hundred and thirty) pages based on concrete cases, the manner by which the Brazilian pedophiles use the Orkut to commit the most horrid and revolting crimes against our children and adolescents. The report, illustrated with images of rapes and real abuse committed against the children, was produced using information contained on the 34.715 (thirty-four thousand, seven-hundred and fifteen) anonymous accusations of child pornography on Orkut received by the institution during the period from January 30th to August 5th 2006, involving 1202 (one thousand and two) communities and 3143 (three thousand, one hundred and forty three) profiles. In at least 57% (fifty seven percent) of the cases reported and traced by the technical team of SaferNet Brazil, were identified indications and material evidences capable of proving the materiality of the crime described on article 241 of the Child and Adolescent Statute and / or other crimes against the infant-juvenile public. The report estimates in 40.000 (forty-thousand) the number of images of child pornography published on Orkut during this period.

17/08/2006 - The Federal Judge João Baptista Ribeiro, of the 5th Area from Federal Justice in Belo Horizonte concedes anticipatory tutelage on the Public Civil Action nº 2006.38.00.018200-1, judged by the MPF-SP, determining that Google promotes the immediate cancellation of four communities on Orkut, which commercialize, instigate or induce the consumption of ethyl chlorate, popularly known as "lança-perfume". In his decision, the judge highlighted that "it is not possible to admit that a social network of Google’s property, aimed at creating and maintaining relationships amongst its members, which in this country congregates around ten million users, reach a public of lower maturity, especially children and adolescents, subjecting them to effects socially undesirable in its formation or behavior".

21/08/2006 - Google’s lawyers filed a lawsuit on the Federal Justice of São Paulo requesting the nomination of an independent expert to, according to the company, "confirm that Google does not have information of Orkut.com users".

22/08/2006 - The Regional Attorney of Citizen’s Rights of the State of São Paulo, Dr. Sergio Gardenghi Suiama, decides to judge Public Civil Action at the Federal Justice Department of São Paulo against Google Brazil Internet Ltda. Read the whole Public Civil Action.

23/08/2006 - The São Paulo Federal Justice Department denies the request from Google to nominate an "independent auditor" for the case Orkut. Read the whole decision.

25/08/2006 - In an interview given to the journalist Sergio D’ávila, from the newspaper Folha de SP, the Legal Director of Google Inc., Nicole Wong, threatens to block access of Brazilians to the relationship site Google, under the allegation that Brazilian users are using the service unduly. On the same day, the legal representative of the American company in Brazil calls a collective interview and confirms that the company will not follow Brazilian laws, but US laws. Listen to the interview.

29/08/2006 - The SaferNet Brazil delivers a copy of the report about child pornography and pedophilia on Orkut to the State Minister of Human Rights Paulo de Tarso Vanucci, from the Special Secretariat of Human Rights of the Presidency.

31/08/2006 - The Federal Justice of the State of São Paulo accepts the request from the MPF-SP on the Public Civil Action and forces Google Brazil Internet Ltda. to follow, in 15 days, all the judicial orders ignored until then, under penalty of being charged 50 thousand Reais a day for each non-followed order. In his decision, the Federal Judge José Marcos Lunardelli, of the 17th Federal Civil Area, highlighted that it is "peculiar the fact that Google Brazil did not follow the Brazilian Federal Justice orders, under the argument that it is just an office of marketing and sales", what the judged classified as a "comfortable and complacent" posture. Alerting for the fact that "to sell services in Brazil, Google is present, but to collaborate with the elucidation of crimes, it is not", the judge concluded that "it is, therefore, responsibility of Google Brazil Internet Ltda, representative in Brazil of the American main office, the duty to follow judicial orders that determine the delivery of TELEMÁTICO information indispensable to the identification of Brazilians who commit penal illicit actions on Orkut, administered by the corporation Google". Read the whole decision.

01/09/2006 - Google Brazil Internet Ltda. publishes a note repudiating the decision of the Brazilian Federal Justice, calling it "null, inefficient and imprecise", and files declaratory embargos with infringing effect, on an attempt to nullify the decision of the justice, which forces the identification of pedophiles and racists of Orkut.

04/09/2006 - The Federal Justice of SP maintains the decision and denies provision to the declaratory embargos, forcing Google Brazil to follow the decisions of the justice and provide the information of the pedophiles and racists investigated by the MPF-SP and accused by SaferNet Brazil.

06/09/2006 - The Senator Patrícia Saboya Gomes, ex-president of the Parliamentary Mixed Investigating Commission (CPMI), which investigated the criminal networks of child sexual exploration and pedophilia on the internet in Brazil in 2003, makes a strong speech at the plenary of the Federal Senate against Google Brazil’s position in denying to follow judicial orders and obstruct the identification of Brazilian pedophiles who use Orkut to practice crimes against our children. Listen to the first and second parts of the speech.

11/09/2006 - The MPF-SP requests SP Federal Justice, through declaratory embargos, that the decisions of secrecy breaking of criminal contents also apply to future judicial orders, involving Orkut communities, as well as to other services from Google, including Gmail.

13/09/2006 - The Federal Judge Paulo Cezar Neves Junior - substitute of the judge José Marcos Lunardelli - when judging the declaratory embargos of the preliminary decision filed by the MPF-SP on 11/09/2006, decides to maintain the initial petition of the MPF-SP without alterations, and prorogate the period for the defense of Google in 15 (fifteen) days.


*25/09/2006* - A Google Brasil Internet Ltda. recorre ao Tribunal Regional Federal da 3 Região para tentar anular a decisão liminar do juiz José Marcos Lunardelli que determina o cumprimento das ordens judiciais e o fornecimento das informações necessárias à correta identificação dos pedófilos e racistas brasileiros do Orkut.

*16/10/2006* - O MPF-SP impetra Agravo de Instrumento junto ao Tribunal Regional Federal da 3 Região contra a Google Brasil Internet Ltda objetivando garantir *efeito nacional* a decisão liminar proferida pela Justiça Federal de SP que obriga a empresa Google Brasil Internet Ltda a cumprir todas as ordens judiciais referentes aos serviços Google prestados para o público brasileiro.

*25/10/2006* - O Tribunal de Justiça de Minas Gerais reconhece que, entre os usuários do Orkut e as empresas Google, há uma relação de consumo. O TJMG também confirmou o entendimento de que a Google Brasil Internet Ltda é a empresa responsável por atender as solicitações da justiça e fornecer as informações dos criminosos. Em seu voto, o desembargador relator Paulo Roberto Pereira da Silva inicialmente salienta que "estando configurada a atividade de prestação de serviços em relação à rede de relacionamentos denominada Orkut, a Google Brasil Internet Ltda., na qualidade de representante da Google Inc., neste país, é responsável pelo fornecimento dos dados capazes de identificar de quem partiu a criação de perfil falso de um de seus usuários, tudo nos termos do Código de Defesa do Consumidor". O desembargador Pereira da Silva, ao improver o recurso, traz alguns parâmetros que podem ser utilizados em ações semelhantes: "1. Verifica-se que o Orkut é uma rede social filiada ao Google, criada em 22 de janeiro de 2004, com o objetivo de ajudar seus membros a criar novas amizades e manter relacionamentos. 2. O Orkut é integrado ao sistema Google Accounts. Nele, cada usuário, para fazer o acesso, deve estar cadastrado como um usuário da rede Google. 3. É público e notório que o Orkut configura uma prestação de serviços ao público, disponibilizada pela Google. Basta, para tanto, conferir o Estatuto de Serviços do Orkut, disponível no site www.orkut.com. São cabíveis, portanto, as normas do Código de Defesa do Consumidor ao caso em questão. 4. Assim, a despeito de a Google Brasil Internet Ltda. ser, de fato, uma pessoa jurídica diversa da Google Inc., é fácil constatar que elas pertencem a um mesmo grupo econômico. A primeira é uma representante da grande empresa Google no Brasil. 5. Não se pode, pois, exigir do consumidor que acione a Google Inc. quando, no país, existe uma representante sua, a Google Brasil, a qual, aliás, vem respondendo às autoridades governamentais, como o Ministério Público Federal, sobre as diversas denúncias de crimes cometidos com a utilização do Orkut. 6. Não pode a representante da grande empresa no Brasil participar somente das glórias, não respondendo pelos problemas apresentados pela gigantesca rede de relacionamento".  O voto do relator foi acompanhado, na íntegra, pelos desembargadores Evangelina Castilho Duarte e Alberto Vilas Boas. 

*25/10/2006* - *Google pede desculpas e inicia venda de publicidade no Orkut* - Em declaração publicada no site do Orkut, o grupo econômico Google diz "Pedimos desculpas se demos a impressão de que não levamos a sério essa questão relacionada a conteúdo ilegal ou ofensivo que possa ser encontrado no orkut. Concordamos que o Google devia ter se empenhado mais em comunicar sua posição e seus planos para os usuários à medida que surgiram essas questões. Sabemos que ainda temos muito por fazer para minimizar as interações negativas no orkut e fazer com que continue sendo a comunidade segura, vibrante e valiosa atualmente desfrutada pela grande maioria de nossos usuários.". No mesmo dia, o conglomerado empresarial inicia, sem alardes, a venda de publicidade no Orkut