ARAÚJO, I. M. T.; http://lattes.cnpq.br/7206490601600227; ARAÚJO, Igor Márcio Tolentino de.
Resumo:
Society is in constant transformation and evolution, thus facing various social
changes, which alter the way of life of the individuals within it. Faced with this
scenario of technological and behavioral changes, technological advances have
presented new ways of committing crimes through digital means. In order to
introduce the reader to the subject and basic concepts, the context in which the
global network is brought into reality is demonstrated, until the moment it reaches the
homes of Brazilians. After that, due to the vulnerability it presents and the tools it has
at its disposal, it demonstrated that it was capable of becoming a means of criminal
practices. Given this, the Law could not be inert. Thus, the emergence of a legal
science that seeks to hold criminal acts that occur in cyberspace accountable.
Specific legislation is still scarce, so it uses laws already in force in other areas,
through interpretative dynamics and self-regulation. In addition to the use of
alternative means of resolution, such as arbitration and mediation. Given this
scenario, the question arises: are there sufficient laws to regulate these criminal
conducts? How does Digital Law act in the face of these criminal acts? How is the
legislative shortage overcome by digital law? From such questions, the present work
arises, which presents descriptive research. As for the purpose, it is strategic basic
research. As for the research method, the deductive method was used, with the
application of bibliographic and documentary procedures. By way of conclusion, the
historical context of the internet and how it is used as a tool for criminal practices was
demonstrated. Furthermore, it was explained how Digital Law acts in this regard, the
specific legislation in force, or other areas, and the need for this approach.