Dos crimes de informática e sua necessária tipificação em concordância ao princípio da reserva legal.

Abstract

For an effective guarantee of the principle of the legal reserve for the right, the federal constitution in its article 5°, interpolated proposition XXXIX, and the Brazilian criminal code, in its article 1°, ties the necessity of a law specifies so that definitive circumstance is considered criminal. The computer science crimes are crimes that had come to follow the technological advance and the advent of the digital age in the whole world, making with that it appears by means of the countries a legal adequacy and a criminal type of the delicts so that related behaviors they pass to be considered as criminal. The methods used in the boarding of the subject had been deductive and the description, where if it searched by means of a historical boarding to all inform the sprouting of the technology in the referring a computerization and the sprouting with this of the digital illegalities, informing the profile of the criminals, the motivation for cometiment of the delicts and the necessity of legalization of the practical one of these acts for a guarantee of societary tranquillity. An extensive scientific research in computer science magazines was carried through, in doctrines, legislacoes and mainly in articles in the Internet. The work was boarded under a legal optics, but with great sociological approach, in view of that as much the legal science as of computer science, is today non-separable, one depending directly on the other. The result of the work was compiled, soon, adjusted, minimized and effective in intention to demonstrate the necessary criminal type of the computer science delicts so that if it has a guarantee of the principle of the legal reserve.