THE USE OF DEEPFAKES IN FRAUD AND IDENTITY THEFT: AN ANALYSIS OF THE LEGAL CHALLENGES AND RISKS TO THE PROFESSIONAL PRACTICE OF LAWYERS

Abstract

The accelerated advancement of artificial intelligence has driven the emergence of deepfakes, synthetic audiovisual content capable of reproducing faces and voices with remarkable realism, facilitating the commission of complex crimes in cyberspace. Although such technologies were initially developed for entertainment and digital communication purposes, their misuse poses threats to legal certainty and property security in the virtual environment. This scientific article aimed to analyze the impacts of the misuse of deepfakes in fraud and identity falsification practices in the digital environment, with emphasis on scams committed through the fraudulent use of lawyers’ image and professional identity. The research sought to examine the challenges faced by the Brazilian criminal legal system in light of the increasing sophistication of digital crimes, especially regarding the identification of authorship, the production of digital evidence, and the prevention of harm to victims. The theoretical framework was based on studies concerning artificial intelligence, social engineering, and cybercrime, correlating them with the criminal offenses established in articles 171 and 307 of the Brazilian Penal Code, as well as legislation related to data protection and cybercrimes. The methodology consisted of bibliographic and documentary research, adopting a qualitative, exploratory, and descriptive approach, based on legal doctrine, scientific articles, institutional reports, and materials published between 2020 and 2025. The results demonstrated that deepfakes enhance fraudulent practices by increasing the credibility of criminal acts, hindering victims’ perception and imposing technical obstacles to criminal investigation and accountability. It is concluded that the effective confrontation of such practices requires integrated action involving legislative updates, strengthening of digital forensics, development of public policies for digital education, and adoption of preventive measures by legal professionals and public institutions.