A prática do ethical hacking pelos times de resposta a incidentes de segurança computacional como conduta de legítima defesa

Abstract

Research on the possibility of setting up self-defense against a computing device invasion in the qualified form under Article 154-A, §§ 3º and 4º, of the Brazilian Criminal Code. Initially analyzes the origin and characteristics of the Information Society and its influence on the emergence of new kinds of criminal conduct. Presents the evolution of Brazilian criminal law concerning the definition of electronic crimes. Exposes the main characteristics of the crime of computing device invasion in the qualified form. Debates about the practice of ethical hacking by Computer Security Incident Response Teams and if such conduct would conform to the legal definition of self-defense. Uses the doctrinal, legislative and judicial researches. Uses the internet as a way to complement the studied subjects. In the end, hopes to demonstrate that the ethical hacking can configure hypothesis of self-defense, since obeyed the imposed restrictions, and being the best way to reduce the damage caused by the invasion, because the invader can quickly and easily generate multiple copies of the archives and spread them over the internet once in possession of the information, causing a damage difficult to repair.