THE DIFFICULTIES OF PRODUCING EVIDENCE AND INVESTIGATING SYSTEMATIC VIRTUAL CRIMES BY CYBERBULLY

Abstract

This article addresses the challenges faced in the investigation and production of evidence in cyberbullying crimes, a growing practice in the virtual environment, which mainly affects children and adolescents. Despite legislative advances with standards such as Law No. 14,811/2024 and the Internet Civil Rights Framework, there are still serious technical and legal difficulties that compromise the criminal liability of aggressors. The central problem of the research is the difficulty in collecting digital evidence, aggravated by the use of anonymization technologies, encryption, foreign servers and restrictions imposed by the General Data Protection Law (LGPD). The general objective of the study was to analyze the legal and technical limitations that affect the effectiveness of investigations, focusing on obstacles to the production of evidence. The specific objectives include: understanding the impact of the LGPD, investigating the effects of technologies on data collection and exemplifying these difficulties through the case of King Discord. The methodology adopted was qualitative, based on a bibliographic review, document analysis and case study. The results show that Brazilian legislation, although it has evolved, still lacks instruments that are appropriate to the technological reality. Digital investigation requires speed, specialized technical knowledge and greater cooperation between the State, digital platforms and the international community. The study demonstrated that the lack of training, judicial delays and data protection, although fundamental, end up hindering access to crucial information. Finally, the conclusion points to the need for regulatory updates, investments in digital expertise and preventive actions, seeking a balance between privacy and public safety in combating cyberbullying.