A expansão da criminalidade no ciberespaço: desafios de uma política criminal de prevenção ao cibercrime

Abstract

This thesis has as an aim to examine, in theory, some of the dimensions of cybercrime and the growing practice of illegal acts in the area of cyberspace, under the interference of cultural paradigms imposed by global virtualization of contemporary society. The high incidence of attacks on the users of cyberspace in the practice of illicit acts and computer crimes implies in the important phenomenon of cyber criminality that presents itself as a global and expanding phenomenon that has aroused the concern of the international community, based on the fact that cybercrimes constitute a real danger to the free and full exercise of fundamental rights and a true threat to the full human and economic development in the universal sense. The methodology used is based on exploratory research, collection of textual documents starting from the qualitative analysis of the research phenomenon. The results that were obtained showed, in the context of the Brazilian reality, given the observation that cybercrime grows in the same proportion as the new digital technologies, the insufficiency or lack of a criminal policy with intent to curb the expansion of criminality in cyberspace reflects upon society, increasing the feeling of fear and impunity. Thus, one can contextualize the questioning about the role of the State in the prevention and penal prosecution, the absence or excessive criminalization of illicit computer acting from the approach of criminal and public safety policies. The research revealed that the Brazilian State does not have at hand sufficient means to deter the practice of cybercrimes due to the lack of considering a crime some cyber attacks that are considered important, because of the shortage of structure of the judiciary police to carry out investigations and also because of the slow pace of Justice. Finally, in this approach there exists the intent to arise discussion about the importance of prevention as a line of Criminal Policy in the face of the rising phenomenon of cyber delinquency as well as contribute to the development of a reflective and critical attitude toward the current epistemological frameworks in the field of public policies of security.