Crimes digitais: movimentação indevida de valores e o disciplinamento do código penal.

Abstract

In today the problem of adequate and effective punishment to criminals called virtual has been discussed so strongly. However, the criminal law for homeland dating from an era that existed even computers, has been attacked for not owning a device specific for this type of crime, and thus, in respect to constitutional principles enshrined, the Code could not be pleaded for the punishment of such Delinquent. This would generate a damaging consequences of instability in the rapid growth of the Internet in the country. However, placements already exist in the sense of the feasibility of applying the law for this type of crime, especially when called estelionato card. Thus, the overall purpose of this work is to examine the legal aspects of the crimes committed by the global network, to frame them within the existing legal system, despite the new concepts derived with an emphasis on estelionato card. The specific objectives are to demonstrate that there is disregard for the principles of constitutional legality, Legal Reserve, Anterioridade, enshrined by the Letter More when invoke the current planning for the punishment of certain behaviors practiced through the worldwide network. Demonstrating that a great part of the criminal conduct committed by the Internet applies to the planning perfectly into force, stating only in small changes sparse already established by existing laws. Only a small number of pipelines that need is a town itself, which is not the case of conduct core of this work, which is the estelionato card. For both, are used methods evolutionary history - and deductive, suitable to the development of this research, which deals with a current topic, controversial and that generates intense debate in the legal harvest.