VIRTUAL CRIMES: THE ADVANCE OF ELECTRONIC CRIMES AND THE EVOLUTION OF SPECIFIC LAWS IN BRAZIL

Abstract

This article brings a lot of information, based on scientific articles, doctrines and legislation in force in Brazil, on the topic of cybercrimes or virtual crimes. Their main objective is to investigate the types of virtual crimes in Brazil and the possibilities and limitations of their regulation, demonstrating the difficulty in punishing and verifying individuals who carry out such conduct, due to the difficulty in obtaining evidence and territorial jurisdiction. To highlight the few legislations in force on the subject, such as the law 12737/2012, also known as the Carolina Dieckmann law, which deals with the invasion of computer devices and other crimes such as the falsification of private documents. so that civil society, having access, can know how to react and what precautions to take to at least minimize the damage. To clarify the issue of a very common, but barely perceptible crime, which is the crime of stalking, where the Stalking Law (Law nº 14132/2021) was recently published, which typifies the crime of stalking, also known by the foreign term “stalking”, amending the provision of the Penal Code with the inclusion of a penalty of imprisonment from six months to two years and a fine. Unfortunately, what actually happens in Brazil is the extreme difficulty of subsuming the fact with the norm, leaving most cyber criminals unpunished.