For decades, economic and political power was measured by positions, assets, and institutional connections. Today, it is also measured by followers, engagement, and digital reach. Digital influencers occupy an ambiguous role, where they are simultaneously brands, idols, and companies, but often operate without a tax ID, without accounting, and without the tax obligations that the rest of society fulfills.
The popularization of social media has created a parallel market where attention has become currency and reputation a negotiable asset. The problem is that in the same space where digital entrepreneurship flourishes, new mechanisms for money laundering, tax evasion, and illicit enrichment also flourish, all beyond the immediate reach of the State.
Million-dollar raffles, "donations" from followers, charity giveaways, and live streams that generate thousands of reais are, for many influencers, the main sources of income. In some cases, they have become true business models, but without legal backing, compliance, and financial oversight.
The feeling of impunity is reinforced by social power; influencers are admired, followed, and often shielded by their popularity. Many believe that because they live in the digital environment, they are beyond the reach of the law. This perception of "digital immunity" has economic, legal, and social consequences.
The blind spot in Brazilian legislation
Brazilian legislation has not yet kept pace with the influencer economy. The regulatory vacuum allows influencers to monetize audiences worth millions without tax registration or business obligations.
While traditional companies are required to comply with accounting, tax, and regulatory obligations, many influencers move large sums of money through PIX (Brazil's instant payment system), international transfers, foreign platforms, and cryptocurrencies, without any transparency.
These practices violate, directly or indirectly, principles of Law No. 9,613/1998, which deals with the crimes of money laundering and concealment of assets, and Law No. 13,756/2018, which assigns to Caixa Econômica Federal the exclusive competence to authorize raffles and lotteries.
When an influencer promotes a raffle without authorization from Caixa Econômica Federal (Brazilian Federal Savings Bank), they commit a criminal and administrative offense, and may be investigated for a crime against the popular economy, according to article 2 of Law No. 1,521/1951.
In practice, these "promotional actions" function as mechanisms for moving funds outside the traditional financial system, without control from the Central Bank, communication to the Council for the Control of Financial Activities (COAF), or tax tracking by the Federal Revenue Service. It is the ideal scenario for mixing legal and illegal money, the fuel for money laundering.
Entertainment as a facade
The operation of these campaigns is both simple and sophisticated. The influencer organizes a "charitable" raffle, often using improvised platforms, spreadsheets, or even social media comments. Each follower transfers small amounts via PIX (Brazil's instant payment system), believing they are participating in a harmless activity.
In just a few hours, the influencer earns tens or hundreds of thousands of reais. The prize—a car, cell phone, trip, etc.—is symbolically awarded, while the majority of the funds remain without accounting backing, tax records, or identified origin. This model is used, with variations, for purposes ranging from personal enrichment to money laundering.
The Brazilian Federal Revenue Service has already identified several cases in which influencers showed asset growth inconsistent with their tax returns, and the COAF (Council for Financial Activities Control) has begun to include this type of transaction as suspicious activity in internal communications.
Concrete examples: when fame becomes evidence
Over the past three years, several operations by the Federal Police and the Public Prosecutor's Office have revealed the use of social media for money laundering, illegal raffles, and illicit enrichment.
– Operation Status (2021): although focused on drug trafficking, it revealed the use of profiles of "public figures" to conceal assets and property, demonstrating how digital imagery can serve as a shield for illegal flows;
– Sheyla Mell case (2022): the influencer was accused of promoting million-dollar raffles without authorization, raising over R$ 5 million. Part of the money was allegedly used to purchase real estate and luxury vehicles;
– Operation Mirror (2023): investigated influencers who promoted fake raffles in partnership with shell companies. The "prizes" were used to justify financial transactions of illicit origin;
– Carlinhos Maia Case (2022–2023): Although not formally charged, the influencer was mentioned in investigations into high-value raffles and was questioned by Caixa Econômica Federal about the legality of the promotions.
Other cases involve mid-level influencers who use raffles and "donations" to move funds from third parties in an untraceable way, including politicians and businesspeople.
These operations demonstrate that digital influence has become an efficient route for concealing assets and legitimizing illicit capital. What was previously done through shell companies or tax havens is now done with "charity raffles" and sponsored live streams.
Social shielding: fame, politics, and the feeling of untouchability.
Many influencers are admired by millions, have ties to public officials and politicians, participate in election campaigns, and frequent circles of power. This proximity to the state and to public marketing creates an aura of legitimacy that inhibits oversight and embarrasses authorities.
Digital idolatry transforms into informal shielding: the more beloved the influencer, the less willing society, and even public bodies, are to investigate their practices.
In many cases, the government itself seeks the support of these influencers for institutional campaigns, ignoring their tax history or the business model that sustains them. The subliminal message is dangerous: popularity replaces legality.
This phenomenon repeats a known historical pattern: the glamorization of informality, which naturalizes the idea that media success legitimizes any conduct. In terms of governance and compliance, it is the opposite of public ethics; it is the "gray area" transformed into show business.
The risk of shared responsibility between brands and sponsors.
Companies that hire influencers to promote products or public causes are also at risk. If the partner is involved in illegal raffles, fraudulent draws, or suspicious activities, there is a risk of joint civil, administrative, and even criminal liability.
The absence of due diligence can be interpreted as corporate negligence. This applies to advertising agencies, consultancies, and digital platforms.
By acting as intermediaries in contracts, they assume duties of integrity and must demonstrate that they have adopted mechanisms to prevent money laundering, in accordance with international best practices (FATF/GAFI).
Digital compliance is no longer an aesthetic choice; it's a business survival obligation. Serious brands must include influencers in their reputational risk assessment, monitoring suspicious activities, demanding tax compliance, and verifying the origin of revenue.
The invisible border: cryptocurrencies, live streaming, and international transactions.
Another worrying aspect is the increasing use of cryptocurrencies and foreign platforms for receiving donations and sponsorships. Streaming apps, betting sites, and even "tipping" websites allow influencers to receive payments in digital currencies without bank intermediation.
These often fragmented transactions make traceability difficult and facilitate money laundering. The situation is aggravated because the Central Bank still does not fully regulate payment flows on digital platforms, and the COAF (Council for Financial Activities Control) depends on voluntary reports from financial institutions.
The lack of efficient tracking creates an ideal scenario for the international concealment of assets, especially when using stablecoins and private wallets, instruments that allow anonymous transactions. This phenomenon connects Brazil to a global trend: the use of social media as money laundering channels.
Recent cases in countries such as the United States, the United Kingdom, and Mexico have revealed influencers involved in tax evasion and illicit financing schemes disguised as digital content.
The role of the State and the challenges of regulation.
Regulating the influence economy is urgent and complex. The state faces the dilemma of not stifling freedom of expression while simultaneously preventing the criminal use of social media to conceal resources.
Several options are already being discussed, such as requiring mandatory tax and accounting registration for influencers who exceed a certain revenue volume; making digital raffles and sweepstakes dependent on prior authorization from Caixa Econômica Federal; creating transparency rules for partnerships and sponsorships, with the publication of annual reports; and establishing an obligation to report to COAF (Council for Financial Activities Control) for digital payment and streaming platforms.
These measures are not intended to stifle digital creativity, but to level the playing field through legality, ensuring that those who profit from influence also bear the economic and fiscal responsibilities.
Influence, ethics and social responsibility
Digital influence is one of the most powerful forces of the contemporary era, since when used well, it shapes opinion, educates, and mobilizes. But when instrumentalized unethically, it serves as a tool for manipulation and financial crime.
Responsibility is collective, where influencers must understand that being digital doesn't mean being above the law, brands need to impose integrity criteria, and the State must modernize its oversight mechanisms. The public, in turn, needs to stop confusing charisma with credibility.
The challenge is not only legal, but cultural: transforming popularity into a commitment to transparency.
Ultimately, those who influence must also be held accountable for the economic and moral impact they generate.
Between glamour and systemic risk
The influencer economy already moves billions, but it operates on unstable ground, where "engagement" serves both marketing and illicit purposes. Raffles, lotteries, and donations, when uncontrolled, become open doors for financial crimes and tax evasion.
Brazil is facing a new frontier of risk: money laundering disguised as popularity. While the legal system fails to adapt, digital crime reinvents itself, and social media heroes can unknowingly transform fame into publicity.
About Patricia Punder
Partner and founder of the law firm Punder Advogados, operating under a "Boutique" business model, she combines technical excellence, strategic vision, and unwavering integrity in the practice of law . www.punder.adv.br
– Lawyer, with 17 years dedicated to Compliance;
– National presence, Latin America and emerging markets;
Recognized as a benchmark in Compliance, LGPD (Brazilian General Data Protection Law), and ESG (Environmental, Social, and Governance) practices.
– Published articles, interviews, and citations in renowned media outlets such as Carta Capital, Estadão, Revista Veja, Exame, Estado de Minas, among others, both national and sector-specific;
– Appointed as a court-appointed expert in the Americanas case;
– Professor at FIA/USP, UFSCAR, LEC and Tecnológico de Monterrey;
– International certifications in compliance (George Washington Law University, Fordham University and ECOA);
– Co-author of four reference books on compliance and governance;
– Author of the book “Compliance, LGPD, Crisis Management and ESG – All together and mixed up – 2023, Arraeseditora.
