In mid-1993, Brazil revised certain provisions in its Penal Code, improving the ability of law enforcement to seize pirate material and to prosecute offenders. Among other reforms, the rental of pirate videocassettes was made a crime subject to ex officio enforcement by the police. In all, six small duplication centers have been dismantled. However, the full impact of these reforms has yet to be demonstrated, since it takes around three years to complete judicial resolution of cases. The limited number of completed prosecutions in penal copyright cases since the reform of the Penal Code is indicative of problems in the overall enforcement of intellectual property rights in Brazil.
Criminal elements dominate much of urban Brazil.
Law enforcement is underpaid and not regarded as a high status occupation. Most Brazilians are very cynical about the gap between what the legislature enacts and what is enforced. While prosecutors and courts generally are sensitive to copyright owners' complaints, case backlogs constitute a serious problem in the system, caused by burdensome substantive and procedural formalities in the law and by a general lack of resources. In addition, enforcement efforts often fail due to the lack of sufficient skilled government agents to investigate violations and due to technical deficiencies in the handling and examination of evidence. This increase is due to several factors.