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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchSilvonei José de Jesus Souza was convicted in São Paulo in October 2016 and sentenced to five years and 10 months in prison after using private data reportedly taken from Marcela Temer’s phone and email accounts to demand money. Contemporary reports identified the convictions as extortion and estelionato (fraud); they do not, on the available record, establish a separate conviction for a standalone computer-intrusion offense.
The criminal case later became entangled with a press-freedom dispute when a Brasília judge temporarily barred Folha de S.Paulo and other outlets from publishing information related to the blackmail. An appellate judge suspended that injunction. The publication case concerned privacy and prior restraint; it did not overturn Souza’s criminal sentence.
The short answer
Souza was the man Brazilian media described as the “hacker” in the Marcela Temer case. The 30th Criminal Court of São Paulo reportedly convicted him of extortion and fraud and imposed a five-year-and-10-month sentence in a closed prison regime. Reports said he demanded R$15,000 after obtaining private material and continued making demands after an initial payment. His lawyer said the defense would appeal. Correio Braziliense/Agência Estado reported the sentence and charges on October 26, 2016.
Because the complete São Paulo judgment and a definitive appellate docket are not established in the available sources, it is more accurate to say he was convicted and sentenced at trial than to describe the conviction as final or to assert that he served the entire term.
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Who was convicted?
The defendant was Silvonei José de Jesus Souza. Marcela Temer was the wife of Michel Temer, who became Brazil’s president in 2016, and was described in contemporary coverage as the country’s first lady. Her public role explains the political attention, but it does not make the private material taken from her accounts suitable for republication.
Souza should not be confused with Walter Delgatti Neto, who was involved in later Brazilian cases concerning leaked communications and alleged intrusions into National Council of Justice systems. The Supreme Federal Court’s account of that later prosecution concerns different conduct and defendants: STF case summary.
What the reported scheme involved
News reports described a sequence in which Marcela opened an email containing malware or a virus. The attacker allegedly obtained data from her device and email accounts, including messages and photographs, then used the information as leverage for money demands. The reporting does not provide a forensic account detailed enough to establish every technical step independently, so the mechanism should be described as reported rather than as a fully reconstructed breach.
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The alleged demands
Contemporary accounts said Souza initially demanded R$15,000 and threatened disclosure. They also said a payment was made but did not end the demands. Those amounts and the payment sequence come from contemporaneous coverage and case summaries, not from a publicly cited full judgment in the available record.
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Arrest and prosecution
An OAB-RJ summary of reporting placed the blackmail demands between April 13 and 18, 2016, and said Souza was arrested on May 11. The same account dated the trial-level conviction to October 24. The summary is available at OAB-RJ.
What the court convicted him of
The reported legal theory was that Souza used unlawfully obtained personal information to coerce a financial payment. The offenses identified in the coverage were:
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- Extortion: using threats or coercion to obtain money.
- Estelionato (fraud): the Brazilian offense translated as fraud or a fraud-related offense in the reports.
The unauthorized access or copying of data was central to the prosecution narrative because it supplied the leverage. However, the available reports do not justify automatically calling the judgment a separate “hacking conviction.” A precise description is that he was convicted of extortion and fraud in a case involving the alleged misuse of data obtained from Marcela Temer’s accounts.
Sentence and defense position
The 30th Criminal Court of São Paulo imposed five years and 10 months in prison, reportedly in a closed regime. Souza’s defense said it intended to appeal and had expected a semi-open regime instead. No complete appellate history or sentence-execution record is established by the sources summarized here, so later claims about a final sentence, reduction, release, or time served require separate docket evidence.
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| Date | Event | Qualification |
|---|---|---|
| April 13–18, 2016 | Reported period of the blackmail demands | Dates given in the OAB-RJ summary of contemporary reporting |
| May 11, 2016 | Souza reportedly arrested | Reported in the same contemporary account |
| October 24, 2016 | Trial-level conviction reported | Date stated by the OAB-RJ summary |
| October 26, 2016 | Details of the sentence published | Publication date of the Agência Estado report, not necessarily the judgment date |
| February 10, 2017 | Folha published a report about the blackmail case | The report was later removed after a court order |
| February 13, 2017 | Brasília judge issued a preliminary publication ban | Order sought on privacy and intimacy grounds |
| February 15–16, 2017 | Appellate judge suspended the injunction | Archived reports differ slightly on date labeling |
Why the case became a press-freedom controversy
In February 2017, lawyers acting for Marcela sought an order restricting publication of information derived from her phone. A Brasília judge issued a preliminary ban affecting Folha de S.Paulo and other outlets, with potential fines for publication or continued access, according to Folha’s account. Press organizations and newspapers criticized the order as censorship.
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A Brasília appellate judge later suspended the injunction, framing the restraint as an impermissible restriction on freedom of expression and press activity. The archived English report is available at Folha’s international archive. Suspending the publication ban did not decide whether every private detail should be republished, and it did not alter Souza’s criminal conviction.
Temer’s role
Michel Temer’s connection was political and familial: Marcela was his wife and the alleged victim. Reports said a senior government legal official acted on her behalf in seeking the injunction. Temer denied that the action amounted to censorship while defending both privacy and press freedom, as summarized in an archived O Globo report held by the Senado Federal archive. The available sources do not support saying that Temer directed the hacking, prosecution, or judicial ruling.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Two proceedings, not one
The criminal prosecution and the newspaper litigation had different parties, courts, questions, and remedies:
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| Proceeding | Main issue | Outcome established in the available record |
|---|---|---|
| Criminal case in São Paulo | Whether Souza’s conduct constituted extortion and fraud | Trial-level conviction and five-year-10-month sentence reported in October 2016 |
| Publication dispute in Brasília | Whether outlets could publish information connected to the stolen material | Preliminary ban later suspended by an appellate judge |
Keeping these proceedings separate prevents a common error: treating the appellate decision on publication as if it had overturned the hacker case.
What remains uncertain
- The complete statutory basis for each count in the São Paulo judgment.
- Whether any separate computer-intrusion charge was filed and, if so, how it was resolved.
- The final appellate outcome and sentence-execution history.
- The definitive disposition of Marcela Temer’s actions against the newspapers. A later human-rights account said her lawyers dropped the action, but that point should be checked against the court docket before being stated as conclusive.
The sources also do not establish a binding nationwide precedent from this episode. It is best understood as a cyber-enabled extortion prosecution followed by a high-profile dispute over privacy and prior restraint.
Why the case still matters
The case illustrates three separate legal questions that are often collapsed into the word “hacking”: how private data was obtained, whether it was used to coerce money, and whether journalists could publish information derived from it. The reported conviction answered the second question with extortion and fraud charges. The later Brasília litigation addressed the third through a temporary publication ban and its suspension. Neither development makes the victim’s intimate material the story’s necessary subject.
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