Gestão jurídico-estratégica do cibercrime no contexto da ciberdemocracia

Abstract

Inside the context of a globalized and technological modern society, new possibilities for communication and access to knowledge rises autonomously, through connections and shared knowledge, constructing identity, especially in the political and cultural fields characterizing the cyber democracy. However, the interconnection of computers and systems, combined with computer dependency of numerous sectors, will let the netizens exposed and vulnerable to cyber attacks, enabling the emergence of so-called Cybercrime. The research has as main objective to investigate the forms of legal and strategic Cybercrime management in the context of cyber democracy from the analysis of the phenomenon. The vast social-cultural transformation, political, technological and legal problems arise from intensive mass use of the Internet, emerging thus illicit practices in the virtual scene. It is a survey of methodological procedure under a bibliographical analysis of exploratory and descriptive form. In this orbit, the study is anchored in references dealing, critically, with the institutes of cyber democracy (as a new form of human action, interconnection and the construction of knowledge, culminating in the street movements) and Cybercrime (their types, forms of implementation, the faces of anonymity, legislation and investigative process). It concludes that to achieve success in the investigative process and punishment of violators of Cybercrime is necessary to create legal provisions with less burocratic processes, the taking of evidence, the acquisition and preservation of data, since the speed in the investigation of such crimes is crucial to solve them. Given the above, we note that the technologies and principles of the information society, the Internet democracy and cyber crimes are effervescent and complex issues, both for the state administration, as to the legal harvest, because they are still being redesigned and studied. Therefore, it appears from the analysis that the guidelines of a legal management effective strategy permeate the creation of an integrated task force of police, prosecutors and judges, as well as a significant government investment to prevent and cyber defense, and the signing of international cooperation agreements to combat cyber crimes. The matter is adressed to be of far-reaching in social jurisdiction, and how it can influence in the future, the scholars, legislators and national and international organizations, in order to seek specific and decisive manner. The best way to do a strategic management in preventing and combating cyber crime is safeguarding the new ideas of democracy cultivated in cyberspace. Thus, ongoing research presents a useful nature, contributing to the pursuit of network security, the guarantee of fundamental rights and the ethical and legal balance in the digital age.