Os cibercrimes e o direito brasileiro: as limitações da legislação em vigor, considerando a realidade tecnológica
This work has the objective of identifying and analyzing the gaps that exist in the Brazilian Criminal Law, when considering the current reality of cybercrimes, it is to say, how they occur, what is its current potential, etc. For this, it is necessary to explain the entire factual context, which...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
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Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/51666 |
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| Resumo: | This work has the objective of identifying and analyzing the gaps that exist in the
Brazilian Criminal Law, when considering the current reality of cybercrimes, it is to
say, how they occur, what is its current potential, etc. For this, it is necessary to
explain the entire factual context, which already makes it very clear that Brazilian
cybercrime legislation, Law No. 12,737 / 2012, which was dubbed Carolina
Dieckmann Law, was born outdated. The main problem identified in the research is
that Brazilian legislation treats cybercrimes as if it were reduced to the conduct of
breaking into computer devices. This vision is very wrong and goes back to the
beginning of the term hacker. To find the answers to research issues e to reach all its
goals, was made an exploratory research, through bibliographic survey and with the
application of two scientific methods: the deductive method and the
hypothetical-deductive method. With the redaction given to the art. 154-A of the
Criminal Code, a series of cyber attacks are criminally atypical in Brazil, when they
are purely considered, because they technically do not involve the invasion of
computer devices, which does not result in less harmful results for victims and
society. This is what happens with phishing, the leakage of personal data, the
ransomware attack and the spoofing attack, conducts that have been practiced for
some time, cause huge damage to a large number of people, but there are real gaps
that allow conducts to go unpunished. Some of these problems and gaps can be
solved by the approval of the Senate's PL 236, which is the New Penal Code project,
which in its original wording typifies the ransomware attack, reduces the chances of
atypicality of the spoofing attack and ends the vision that all cybercrimes comes
down to the invasion of computer devices. But this is not the only purpose of the
research, which also takes care of analyzing the challenges involved in the
investigation and repression of cyber crimes, such as the transnationality of the
network and the multiplicity of jurisdictions, the existence of Proxies services that
make it difficult to identify the IP address of hackers, in addition to the end of the
follow the money strategy, caused by the emergence of untraceable
cryptocurrencies, as Bitcoin. In addition, the legal basis of criminal repression is not
the only concern of the present work, which also points out possible prevention
strategies, mainly strategies based on information against the main frauds and
crimes practiced on the internet. |
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