THE IMPORTANCE OF FIGHTING DISINFORMATION AND UPDATING THE CRIMINAL CODE FOR SOCIAL ENGINEERING/PHISHING VIRTUAL CRIMES

Abstract

This article presents a compilation of data and scientific statistics on the topic of social engineering/phishing cybercrimes, with the objective of showing the development of new criminal behavior with the advent of new technologies. Explain the need for the proper classification for these new cybercrime behaviors, highlight the breadth of social engineering and elucidate its main conduct on the networks that is phishing, revealing the modus operandi of this scam and being elucidative to show simple information that civil society has access to. can avoid falling into most of these influential scams with the advancement of new technologies. In this context, it is presented how this conduct is penalized when it is not possible to avoid it, because prevention is not known to the victim or not efficient enough. As the Brazilian Penal Code dates from 1940, obviously there was no way to foresee these new behaviors with the advent of information technology, in this article its discrepancy and deficiencies are revealed. The pseudonymous “Carolina Dickman Law” of 2012, which adds Arts. 154-A and 154-B, which typifies the invasion of a computer device and among other crimes such as forgery of a private document, which even with this attempt to criminalize these scams that manages to typify in fact several, but still being vague for many of them such as the phishing not making a subsumption of the norm with the fact.