Os desafios da investigação nos crimes cibernéticos

Abstract

The purpose of this work is to show the challenges of investigating cybercrimes, addressing the main legislation concerning this type of crime, focusing on the crime of invading a computer device, the only exclusively cybercrime provided for in art. 154-A of the Penal Code by Law number 12.737/12. Using the deductive research method, it was possible to glimpse the current legislative scenario responsible for regulating this area, considering that the law is the main guide for carrying out persecutio criminis. Therefore, reflections on the topic begin with a brief historical analysis of the Internet, with the aim of showing how cyberspace has become the main environment for illicit practices, making users daily vulnerable to those who try to obtain advantages through damaging property. Legal provisions, especially those relating to intimacy and privacy, set out in art. 5th of the Federal Constitution. Furthermore, after breaking down the main structural points of the concept of cybercrime, a historical-legislative evolution of the norms that aim to prevent virtual crimes was presented, explaining their respective ineffectiveness