A tutela dos bens jurídicos nos crimes informáticos: a ausência de uma política pública em âmbito criminal

Abstract

In this work, a search will be made by bibliographic review and Brazilian legislation on the protection of legal assets in cases of computer crime. It will seek to demonstrate the importance of shifting the focus from state punishment to objective protection via public policies. Therefore, this study is concerned, in an introductory operation, with discussing what is a legal asset and its usefulness for the law, from the perspective of the instrumentalization of law as a means to protect legal assets, focusing on the criminal system. The practice of criminal acts in the computer environment is continuously analyzed, seeking to define what is a computer crime, the difference between computer crimes whose object of violation is a computer legal asset and those crimes in which the use of computer technology is verified. information as just a tool in the execution of the crime, in addition to commenting which computer crimes were added to the legal system, with a focus on the changes brought about by Laws 12,737/2012 and Law 11,829/2008. In addition, an analysis of computer crimes will be discussed using the TCC theory: Technique, conduct, crime, developed by Damásio de Jesus. Finally, a brief critical comment will be made on the “state of affairs” of the protection of legal assets on the internet in Brazil.