O ajustamento da norma penal perante os crimes digitais.

Abstract

The research will approach the subject of the normative adjustment in face of the digital crimes, passing for the description of the Internet and its popularity in Brazil. Immediately afterwards, one will be about the Principles Constitutional norteadores of the legal-criminal relations, more necessarily of the Principle of the Legal Reserve, for being this more directly affected when it is intended to fit typical figures not yet contemplated by the law in vigor. In special way when it is treated to apply the law the cases not contemplated for this, but that they need the state defense, before the materiality of its harmful effect to the social seio. An approach on the classification of the new delictual modality, the new goods is also carried through ranks in evidence for the use of the Internet and its consequences in the legal system, as well as an aiming come back to the necessary tipificagao of that they are not fit in the native Right in defense of not the use of the analogy. The main point of the research consists of the attitude to adjust the order to a new fact, fact this that lacks of a urgent protection for violating goods considered vital for the current society. Therefore, it is pointed necessity of the approval of the Project of Law n°84/99 that it is in transaction in the National Congress and that will turn on the crimes committed in the digital space. It will show, finally, the main on crimes to Computer science and that they are part of the current scene of crime, as well as the positioning of the jurisprudence seats in what it refers to to the criminal framing of the computer science crimes. For this the technique of the indirect documentation will be adopted, through bibliographical research and pubiiCGiicncin general.