A atuação do Direito Digital no enfrentamento aos cibercrimes.

Abstract

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.