Is a fake Instagram profile a crime? How to report and take it down
What Brazilian law says about fake profiles, when they become a crime and the practical path to getting one removed.
Audience: Professionals and Personal Brands · Risk level: ATTENTION
Blindfy Intelligence Unit · Technical review by Blindfy
Scenario
There is a profile using your name or your brand — maybe dormant, maybe slowly starting to interact. You want to know: is it a crime? Is a police report (B.O.) worth filing? How do I get the platform to remove it?
How the scam works
Creating a profile posing as a real person can constitute false identity (art. 307 of the Brazilian Penal Code) and, when there is financial harm, fraud (art. 171). If it uses your photo, unauthorized use of image is added (a right guaranteed by Brazil's Constitution and Civil Code). Against brands, registered trademark infringement comes into play.
Common mistake
Reporting in the wrong category ("spam" or "inappropriate content") and giving up at the first automated denial. The category that works is "pretending to be another person/business", with an ID document — and formal persistence changes the game.
Impact
A dormant fake profile today is tomorrow's scam: they are created in batches and activated once your audience grows. The longer it stays up, the more followers it captures and the harder it becomes to prove the damage later.
What works
Dated evidence records, a report in the impersonation category with ID, an online police report (B.O.) for legal grounding, and formal escalation (a notice based on Brazil's Marco Civil da Internet) when the automated reply says no. Companies with an INPI-registered trademark have an additional, faster route.
Protection checklist
- Screenshots of the profile, posts and URL — with the date visible
- Report: Profile > Report > "Pretending to be someone else"
- Submit Meta's impersonation form with an official ID
- File a police report (B.O.) online citing art. 307 (false identity)
- Registered trademark? Also trigger the trademark-infringement route
- Automated denial? Resubmit with fresh evidence — persistence works
- No response within days? Formal notice or a specialized takedown
Editorial sources
- Banco Central do Brasil — Orientações oficiais sobre golpes e Pix
- CERT.br / NIC.br — Cartilha de Segurança para Internet
- ENCCLA / Ministério da Justiça — Enfrentamento a golpes digitais
Yes, it is a crime — and there is a method to take it down. If the profile is running scams right now or the platform won't respond, Blindfy's specialized takedown shortens the path.
