CONSIDERAÇÕES SOBRE A APLICABILIDADE DO DIREITO PENAL ACERCA DOS CRIMES VIRTUAIS

Abstract

This article seeks to understand the facts that led to the late and inadequate updating of the Brazilian Penal Code when dealing with Internet cybercrimes and the lack of ne Criminal Laws regulating this crime. To reach these objectives, we intend to analyze the historical context of the cybercrimes, from the beginning to the present days, which we will also appreciate the current legislation that cover this subject, in addition to understanding the need for an universal union to combat those types of crimes, basing on the objectives and results of the 2001 Cybercrimes Convention and it’s innovative importance to the modern world. To reach those objectives, the present article is based on the inductive method, carried out by theoretical bases, with a bibliographical survey of books, articles and specialized websites, and in the jurisprudence and legislative analysis of the Brazilian Federal Constitution of 1988.With a qualitative approach, trying to explain why it is necessary for society to have an extension of criminal law for the criminalization and regulation of virtual crimes in order to understand the reason for this urgency and how an international agreement to combat virtual crime would be beneficial to the modern society. It is concluded that to assure Internet users security in this new way of communication, it is necessary the State intervention in the virtual technologic.

Keywords

• New Information Technologies
• Criminal Law
• Hacker
• Convention on Cybercrime
• Cyber Crimes