PHISHING AND ELECTRONIC FRAUD: CHALLENGES OF INVESTIGATION AND CRIMINAL LIABILITY AFTER LAW 14.155/2021

Abstract

This article examines the phenomenon of phishing and electronic fraud in light of the Brazilian legal system, with emphasis on the innovations introduced by Law No. 14.155/2021. Through qualitative bibliographic and documentary research, it analyzes the characteristics and evolution of these criminal conducts, the normative instruments available for their repression, and the main challenges faced by authorities in the investigation and criminal accountability of perpetrators. The results demonstrate that, despite the legislative advances represented by the electronic fraud qualifying circumstance and the new jurisdictional competence rule, normative gaps and structural deficiencies persist that undermine the effectiveness of criminal protection. It is concluded that the effective confrontation of phishing requires a systemic approach, articulating legislative improvement, investigative modernization, international cooperation and digital education of the population.