THE FRAGILITY OF THE LEGAL ORDER REGARDING CYBERCRIME: CRIMINALS BEHIND A SCREEN, VICTIMS EXPOSED IN THEIR REAL LIVES

Abstract

This study aims to identify and contextualize the phenomenon of cybercrime, presenting the relevant concepts. The technological era has arrived, and with it the insecurity of users with digital crimes. The type of research to be used in this study will be descriptive, based on a survey of data through sources: Brazilian and international legislation, articles and news related to Digital Crime; and secondary sources: analyzes of specialist works (articles) will be carried out. Therefore, we seek to explain the vulnerabilities and gaps that the current legal system has as such a topic. In Brazil, the concept of cybercrime is broader, as it may or may not be connected to the internet. It is undeniable that the internet has become part of our lives, but, as has been noticed, this security is not infallible and the concept of cybercrime is strongly under debate. The evolution of digital media has generated opportunities for new types of criminal conduct and jurisprudence is still unable to keep up with them, thus leaving a large number of volunteers for resolving the practice of such crimes. The solution to problems has been the use of existing laws, and the approach to fundamental rights recognized by the Federal Constitution of 1988. But it is clear that only these solutions are not fully effective, therefore, there is a need to create new protected laws and more rigor in the inspections of existing laws against user compression, which may eventually become a victim in the future.