THE IMPACT OF THE CULTURE OF CANCELLATION ACCORDING TO THE CRIMINAL LAW

Abstract

The scope of this work is to demonstrate the strengthening of the culture of cancellation, showing the consequences before the Brazilian Legal System. Based on the hypothesis that the internet has a great social repercussion, it is noticed that the culture of cancellation causes several legal and psychic impacts, which make the digital environment unstable. The punitive power comes from the State, not being up to society to apply sanctions. The social revenge is not allowed in the Brazilian legal system. Special emphasis was given to the analysis of this culture before the Criminal Law and Criminal Procedure, carrying out a comparative analysis to demonstrate that in the culture of cancellation there are no competent judges, nor proportional sanctions. The principle of the presumption of innocence says that no one will be considered guilty until the final judgment; so, the aim of this work is to show that mass attacks do not provide opportunities for the defense of the one cancelled. Excessive cancellation attitudes may result in criminal practices. It is clear that the unrestrained growth of these behaviors is due to the impunity witnessed in the digital environment. The article is linked with the Federal Constitution Criminal Procedure Code and Penal Code. To this purpose, scientific articles and scientific periodicals were used to visualize the legal impacts and verify investigative methods that are effective in repressing virtual crimes. The expected result is to help the comprehension of the subject, which is on he rise, and besides it is to reinforce that the internet is ruled by laws and that such a culture produces consequences and must be repressed by Criminal Law.