A aplicação da lei brasileira nos crimes cibernéticos e sua persecução penal

Abstract

The present work has the goal to approach the cybercrimes with focus in criminal prosecution and present National Law about the subject, which one remains shallow and scarce, in a way that is not possible ensure solid protection to those who makes use of these tools that currently are very important in people’s life, namely, computer and internet. This is because the Brazilian law could not follow, in an equally way, the society’s development, as so the criminals that had leveled up the category of cybercrimes, being often the number of victims of those crimes. Therefore, the legislator adopted protective measures to try to combat the digital offenses, for example extend the application of the Criminal Code to be used as rules for the typicality present there e approach them on the virtual zone when possible. Furthermore, there are laws that have the destination to protect the law safety of the web users, in an isolated way, like the decree that fights against the child pornography on internet, such as in a general way, applying here de law Carolina Dieckman and the law number 12.735/12. However, such measures have started the walking of Brazil to the list of countries that fight cyber violence, is important to say that still are blind spots in Brazilian Law that must be resolved and filled in with urgency, because the criminal are each day bigger in number and the victims also rise up, being necessary a change in the digital law to the combat the cybercrimes, and also prosecute and judge them as is shall, enabling the possibility of use the internet in a risk free way to those who use to the great good.