LEGAL CONSEQUENCES OF THE LGPD FOR CYBERCRIMES

Abstract

This paper discusses how the implementation of the General Data Protection Law (LGPD) in Brazil has impacted the investigation and punishment of cybercrimes, considering the new challenges and legal requirements related to the protection of personal data. Its objectives were to explore the implications of this law for individuals and organizations involved in cybercrimes, including fines, liabilities and criminal actions, and, specifically, to assess whether this law provided better protection of user data in relation to the prevention and investigation of cybercrimes, to analyze the effectiveness of LGPD sanctions and penalties in relation to individuals and organizations involved in online criminal activities, to identify gaps in the legislation or practical challenges that have arisen in the application of the Data Protection Law to cybercrimes and propose possible solutions, and to recommend good practices for dealing with cybercrimes within the legal framework of the LGPD, aiming to protect individual rights, without compromising the effectiveness of investigations. The methodology used was through exploratory research, using the source of information from bibliographic research, with a qualitative approach. The data was collected through the survey of doctrinal understandings, analyses of Laws, General Norms and, mainly, through the necessary excerpts to guide the topic in question. All of this sought to answer the questions that, although there are laws, doctrines and case law that regulate the subject, in practice there is much controversy, since the subject is relatively new, demanding new ways of dealing with and resolving issues from the Brazilian legal system. Therefore, the result of this discussion was expected to be the real implementation of the precepts brought by the highlighted norm, as well as the investigation and resolution of crimes in virtual settings. Keywords: Digital Law. General Data Protection Law. Virtual Crimes. Punishment.