Responsabilidade civil e penal dos provedores de acesso à internet.

Abstract

In a society more and more computerized, the juridical way is one of the ones that more includes the technological resources to its procedure. In that understanding, he/she will have there to be on the part of the professionals of the right an adaptation the new reality so that he/she can walk the digital evolution parallelly. The internet appears in the world globalizado as the main middle of commercialization and diffusion of the information, and it possesses as the best sale object the own access to her. This access is marketed by the called " suppliers ", that are legal entities that negotiate these additional goods through the own world net of computers. With the evolution of the computer science and the appearance of the internet, they appear all over the world called them virtual criminals, that anything healthier than traditional criminals using of the computer for they already make crimes tipificados in the Brazilian ordenamento. In the occurrence of the illicit act it appears on the part of the access Supplier to the internet a civil responsibility and penal advinda of the damage caused the consumer, forcing him to reimburse the lesion suffered so much by the victim in the patrimonial ambit as in the extra-patrimonial or moral. Even the victim's smallest lesion should be reimbursed. The lack of specific law harms the consuming user, that is unprotected, doesn't sell the judges the vulnerabilidade of its rights if compared with the great companies prestadoras of internet service. The legislation homeland, through analogical interpretations, it can be applied, with restrictions, easily to the concrete case, in the lack of specific device for there being material laws and processuais corresponding to such facts. The study contained in the work was accomplished through the comparative, historical-evolutionary, and exegeticojuridical methods, that it consists of bibliographical research, internet goods, magazines, it consults to the legislation and the jurisprudence.