Os crimes contra a honra na internet: análise sobre a (des) necessidades de nova tipificação penal.

Abstract

Technological advances have the power to transform society, or rather the social relations. Without any doubt, the spread of the Internet has brought improvements to the man, and a wave of problems, which therefore deserve the protection of Juridical Science. Currently, the way the Internet has been used to practice all kinds of crimes, where hackers, using his intelligence on the computer to the crime. Having therefore a variety of criminal activities without proper legalization, since our legal system has not fully absorbed this criminally virtual reality, so there is some legal vacuum. Although, it was aim to examine closely the issue of crimes against the honor on the Internet, raising questions about the need to create new criminal, considering the perspective of the principle of legality. The honor is depicted as one of the most important assets for humans, having traces protective constitutional and infraconstitucional. But in modern times, the honor of the persons who may be the unborn, the most wicked thief, the teacher, the shoeshine boy, businessman, and even someone who has already faded, all are worthy, and have their honor, and to have it both respected, immaculately guarded. The research was guided by the development review of the literature, and legislation, with the pillar to the deductive method, starting with the crime in general and by contributing to crimes against honor. Linking to this method of procedure based on the historical context, and legal hermeneutics. In light of the applicant to research the use of documents, jurisprudence, law. To play well the goals of the research, which tracks the search for understanding the advent of the Internet as a backdrop for crimes against honor, and seek a finding about constitutional institutions such as state sovereignty against the transnational nature of cybercrime, and central issue in check, i f the honor crimes already listed in the Penal Code, a case of libel, defamation and libel can be used in an extension of the Internet, or i f only a few settings for the penalty is sufficient. This scientific study is guided by the light of constitutional concepts, and set of principles, analyzing in particular the principle of legality.