CRIMES AGAINST HONOR IN THE DIGITAL ENVIRONMENT: THE EFFECTIVENESS OF MECHANISMS FOR IDENTIFYING ANONYMOUS USERS AND OBSTACLES TO ACCESS TO JUSTICE
DOI:
https://doi.org/10.51891/rease.v12i6.27736Keywords:
Cybercrimes. Anonymity. Digital Evidence. Unprivileged Victims.Abstract
The technological advancement and social networks have made cyberspace the primary means of communication, also driving crimes against honor under anonymity. Given this scenario, the central problem of this research consists in verifying whether assigning the burden of identifying the offender and producing the digital evidence necessary to initiate legal proceedings to the victim constitutes an obstacle to the constitutional principle of access to justice. The general objective of this study is to analyze the effectiveness of national legal mechanisms aimed at breaking anonymity on the internet. As specific objectives, it seeks to define the concepts of honor in the digital context, examine the record-keeping obligations of internet providers, and identify alternatives to mitigate financial barriers during the evidentiary phase. Methodologically, the research is characterized as qualitative, theoretical-bibliographic, and documentary, supported by the deductive approach method. It concludes that data volatility and the high cost of notarial acts generate technical and financial barriers that promote the procedural exclusion of vulnerable individuals, making the adoption of accessible solutions imperative, such as blockchain networks and the enhancement of Public Defense Offices' performance.
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Atribuição CC BY