Revista Videre (Nov 2020)
Cyberterrorism and sovereignty: analysis of the Hashtag Operation as an attentatory act to the state
Abstract
Due to the expansion and technological progression, as well as the fierce use of the Internet, it has allowed the possibility of several crimes committed in virtual environment, such as cyber terrorism. Thus, this study proposes, in synthesis, a study about cyberterrorist acts, making an analysis of its conceptualization and performance in a virtual sphere, either on the Surface Web, Deep Web or Dark Web and also how it should be applied in the Brazilian legal system upon the crime said so. In addition, it is featured that these terrorist attacks, a world problem that seemed to be far from the Brazilian reality and now capable of being fulfilled out in cyberspace, have the potential to cause panic in society, threatening even the sovereignty power of the State, making them hostage to fear. In the view of these aspects, it will be made an appreciation of the legitimacy for the application of the Anti-Terrorism Law (Law No. 13.260/2016), as well as a case study of the first effective application of the Law. The new technological reality will be addressed through exploratory research aimed at analyzing a real possibility of cyber terrorist attack. The research method is bibliographic, through articles, criticism and reflections, pondering its impact on current criminal law. However, the possible destabilization of the State due to the spread of terror caused by this cybercrime cannot be ruled out, and an appropriate approach is necessary because of the degree of dangerousness, exceptionality and extent of damage based on the fundamental rights in our Constitution.
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