Atividade probatória nos cibercrimes

Abstract

The popularization of the internet and the technological development have enabled the occurrence of a new type of crimes: cybercrimes. With this, the Brazilian legislature, aiming to cover the gaps in the legal system generated by this new activity, created laws in order to typify them, however, ignored the peculiar characteristics of this new offense, especially with regard to the evidential activity and the need for international cooperation, which resulted in a scenario of impunity and rapid expansion of criminal activity, a context that remains until today and led to the recent accession of Brazil to the Budapest Convention. Thus, this article aims to analyze the evidential activity in cybercrimes, observing the characteristics of digital evidence and making a parallel between the Brazilian and world historical evolution, in order to capture the problems and present suggestions and experiences of other countries that are also signatories to the convention, so as to provide elements for the legislator, considering the peculiarities of our country, to choose the best strategy to combat crimes committed on the Internet.