THE USE OF ARTIFICIAL INTELLIGENCE IN CRIMINAL PRACTICE: THE USE OF ARTIFICIAL INTELLIGENCE IN DEEPFAKES, FINANCIAL FRAUD, AND CYBERATTACKS, AND THE NEED TO IDENTIFY GAPS IN CRIMINAL LAW

Abstract

The advancement of artificial intelligence has caused profound transformations in contemporary society, especially in the digital environment, modifying forms of communication, social interaction, and information circulation. Although this technological evolution has provided significant benefits in various areas, it has also been used as an instrument for the practice of new criminal modalities, marked by a high degree of sophistication, automation, and difficulty in identifying those responsible. In this scenario, deepfakes, automated financial fraud, and cyberattacks against public and private systems stand out, behaviors that highlight the growing complexity of contemporary digital crime. The use of intelligent systems capable of manipulating images, reproducing voices, automating scams, and compromising essential infrastructure demonstrates that technology has significantly expanded the reach and harmful potential of illicit practices. Faced with this reality, Brazilian Criminal Law faces significant challenges, since a large part of its norms were developed in a context prior to the expansion of artificial intelligence-based technologies. Thus, difficulties arise related to the classification of conduct, the criminal liability of those involved, the definition of the limits of criminal authorship, and the production and preservation of digital evidence in criminal proceedings. This work aims to analyze the use of artificial intelligence as a tool for criminal activity, especially in cases involving deepfakes, financial fraud, and cyberattacks, as well as to discuss the main gaps in Brazilian criminal legislation in the face of these new forms of crime. Furthermore, it seeks to reflect on the need for legislative updates and modernization of the institutions responsible for criminal prosecution, in order to guarantee greater effectiveness in the protection of legally protected assets in the digital age.