CHALLENGES OF BRAZILIAN LEGISLATION IN RELATION TO CYBER CRIMES: AN ANALYSIS OF CURRENT DEFICIENCIES

Abstract

Due to the high incidence of cybercrimes and so many problems caused by the leakage of data, information and personal files, released and transmitted without any control or care on the internet, the General Data Protection Law (LGPD) emerged in this scenario. The new regulations brought major changes to relationships between internet application providers, covering the most diverse aspects and perspectives regarding personal data protection tools with the aim of preventing cybercrimes. In view of this, the question arises: Are the LGPD and other existing legislation aimed at curbing the practice of cybercrimes capable of guaranteeing the right to privacy and acting in the fight against criminal conduct that surrounds the internet?) This study is of great relevance for society in general, as it is a problem that many people have already fallen victim to as they find themselves completely exposed due to their vulnerability in the face of great technological advancement and growth. The objective of this work is to evaluate the evolutionary context of norms in the face of cybercrimes under the auspices of the degree of effectiveness of the General Data Protection Law, address the historical evolution of the internet, carry out an in-depth study of the existing legislation in this area and outline the relevant points regarding the protection tools available through legislation, as well as their weaknesses. The methodology applied here is a qualitative literature review. Therefore, although the LGPD and other related legislation are important to protect privacy and curb cybercrimes, a continuous effort to update laws, invest in capacity building of authorities, international cooperation and public awareness is necessary to face the ever-changing challenges of the Digital world.