A ineficácia da lei 12.737/2012 em face do avanço da criminalidade de informática.

Abstract

This study aims to analyze the landscape of cybercrime in Brazil and its legal treatment, with the overall objective to determine the need for revision of the law 12.737/2012 to make it effective within the Brazilian legal system. It is undeniable that technological advancement has enabled the integration of Brazil into the globalized world in many aspects. The larger flag of globalization and technological advance is stuck in the Internet. However, its characteristics also glimpses a new and inviting way to commit irregularities and fraud which, as known, occur not only in Brazil. As a result, we are witnessing the immediate material impact of new technologies on legal regulations, in particular the Criminal Law. The analysis about the creation of criminal laws involving information technology, specifically the Law 12.737/2012 should be taken with extreme caution, especially regarding the purpose and effectiveness. Thus, the problem that originated this research is the legal creation that has entered the Brazilian legal system to late. To get to the purposes intended by this work, we use the research of an applied nature, documentary literature and exploratory qualitative approach, as well as the following instruments: collecting data and document content analysis through deductive method of approach, and methods of procedure and comparative case study. The first chapter conceptualize computer crime and talks about his doctrinal terminology and classification, as well as the case of its subjects and crimes most commonly practiced. The second chapter talks about Law 12.737/2012 and its respective legal provisions, showing the practical consequences of this criminal typing it. The third chapter uses comparative law, in order to expose the treatment of the subject in the laws of other countries. Presents itself as the hypothesis the implementetion of proportionality between the seriousness of the criminal sanction and the object protected by the rule, as well as the modification of all constraints of the rule in order not to confuse the configuration of the crime, but become its expression most comprehensive.