Criminality and the new information and communication technologies

Abstract

This work aims to present concepts related to crime in the face of new information and communication technologies. Methodologically, articles and books were used in addition to the legislation dealing with the matter, in particular the Brazilian Penal Code and Law 12.737/12 (Carolina Dieckmann Law). The increasing advance of technology, in addition to providing convenience to people, has expanded the possibility of commitment of crimes. Some already covered by traditional legislation, others needing new classification. In this context, after presenting fundamental notions to understand the topic — such as the concept of computer crime, classification, subjects and applicable legislation —, we sought to analyze some of the main computer crimes, especially the crime of computer device invasion. It was concluded that Criminal Law, in its purpose of protecting the most important legal assets, must act in order to curb the practice of computer crimes. In addition, despite the legislation covering a large part of the crimes committed on the network, the law must continue to update itself in the face of new threats, and the criminal offense of computer device invasion must be improved. Finally, it is addressed the difficulties related to the criminal investigation of this type of crime.