Cibercrimes: uma análise sob a perspectiva da aplicação do Direito Internacional

Abstract

The advent and dissemination of computers and internet access have laid the groundwork for crimes and perpetrators that make use of computer language, however in Brazil there’s a normative shortage in regards to how these crimes are dealt with. Within these matters, it is clear that it’s necessary to look into how we deal with these felonies in the realms of criminal and international law. The present study’s aim is, precisely, to set up a framework surrounding virtual crimes’ governance in Brazil compared to its enforcement of International Law, mainly Brazil’s support of the Budapest Convention, as well as investigate how these present-day vicissitudes lead to an expansion of Criminal Law. The study builds upon a theoretical framework which deals with the hipothesis of a barrier between the old norm of traditionally consolidated criminalist dogmatics and the new existing criminality, and in this sense, the handling of foreign legal tools is key to solving it. The investigation methods here utilised were both inductive and deductive, as of bibliographical inspection of major academic works, theses, articles and others, as well as websites, books and normative acts. Cybercrimes require a fresh coat of paint so it can properly address a felony that extrapolated territorial borders, and dogmatics that are different from the established one concerning authorship evidence; modus operandi and recognition of a new category of legal goods to be looked after, seeing that once it’s regulated neither by homeland nor foreign legal devices, reverberates across society as a source of risk.