Crimes cibernéticos: as limitações da resposta estatal a criminalidade informática

Abstract

The present study aims to punctuate the historical beginning of the internet, it's relations with today's society and it's development, as well as the triggering of cybercrimes and Brazil's legislative pertinence to fight these threats. To study the dark web, the deepest side of the internet, a criminal environment of differentiated cryptography that best keeps it's user's anonymity, outlining it's access mode. To analyze the limits that stand against the legal order, as it treats these cybercrimes, and which are the possible measures to be taken to best restrain these illicit acts. To comprehend that the increase of cybercrimes backing into the real world becomes everytime more evident and today's legislation is not effective enough to inhibit the acts of virtual criminals. The application or typification of crime by analogy is not admissible, because it interferes with the principle of specificity. Therefore, the State's actions before this impass becomes difficult, because of the absence of a specific cybercrimes regulatory law. This way, it is necessary to adopt preemptive and repressive measures by the State, together with the creation of a regulatory law for cybernetics, and also fixates punishment for virtual illicit acts, to better protect society from these digital threats.