Caminhos para responsabilização efetiva dos autores de crimes cibernéticos

Abstract

This study has the general objective of verifying which are the ways for the authors of cyber crimes to be effectively held accountable. In this sense, in order to achieve the main purpose, this research outlines specific objectives. First, a historical analysis of the relationship between the internet and the law is made, starting with Law 12.965/2014, known as Marco Civil da Internet and the conceptualization of virtual crimes. Then, the main legislative changes that bring changes to the legal system and the accountability of authors are studied, based on Law 12.735/2012 – Azeredo, Law 11.829/2008 – Pedophilia on the Internet, Law 12.737/2012 – Carolina Dieckmann, among others. In a third moment, there is the possibility of applying civil liability to the perpetrators of the crimes, as well as the feasibility of compensation and the like. Finally, a survey is made of the changes that have taken place in the organization and method of investigative procedure in the national legal system. The applied methodology is a qualitative analysis, of bibliographical nature, with pure result and descriptive objective. It is concluded that virtual crimes have greatly mobilized the legislator and the judiciary, since important legislative changes were sanctioned, in addition to the improvement of the judicial apparatus in investigative procedures and the effective accountability of perpetrators in criminal and civil proceedings, with the application of penalty and compensation for moral damages.