THE CHALLENGES OF CRIMINAL INVESTIGATION OF RANSOMWARE UNDER THE BRAZILIAN LEGAL SYSTEM

Abstract

The increasing digitalization of social, business, and state interactions has heightened the exposure of computer systems to highly complex illicit activities. In this context, ransomware stands out by combining device intrusion, data encryption or blocking, and ransom demands often settled via hard-to-trace crypto-assets. This study examines the obstacles facing Brazilian criminal prosecution regarding this type of crime, aiming to determine whether the current legal and operational framework comprising Law No. 12.737/2012, Law No. 14.155/2021, the Internet Civil Rights Framework (Marco Civil da Internet), the General Personal Data Protection Law, and regulations on the chain of custody for digital evidence is sufficient to ensure the identification of perpetrators, the preservation of evidence, and the effective holding of offenders accountable. A deductive method with a qualitative approach is employed, based on bibliographic and documentary research involving specialized legal doctrine, relevant legislation, and superior court jurisprudence. The results indicate that, despite legislative advances, ransomware remains without a distinct statutory definition in Brazil; instead, it is classified through doctrinal and judicial interpretation under the crime of unauthorized intrusion into a computing device and, in a case of apparent conflict of norms, as extortion. The study concludes that effective state response requires not only the potential enactment of specific criminal offenses currently the subject of bills pending in the National Congress but also the enhancement of digital forensics, the strengthening of international cooperation, and the modernization of tools for tracking crypto-assets.