CRIMINALITY AND IMPUNITY FACING CRIMES IN THE VIRTUAL ENVIRONMENT

Abstract

THE THEME OF THE STUDY IS CRIME IN DIGITAL MEDIA, CONSIDERING THE POSSIBILITY OF ASSUMING IT IN AN ENVIRONMENT OF EASY IMPUNITY. THE JUSTIFICATION FOR THE STUDY IS TO ANALYZE THE CURRENT SCENARIO OF DAMAGE CAUSED BY CRIMES COMMITTED ON THE INTERNET, AS WELL AS TO EXAMINE THE DIFFICULTY THAT SOVEREIGN STATES FACE IN INVESTIGATING AND PUNISHING THESE CRIMES. THE GENERAL OBJECTIVE OF THE STUDY IS: TO ANALYZE, THROUGH THE BRAZILIAN LEGAL SYSTEM, CRIMINALITY PRACTICED WITH ELECTRONIC MEANS, ESPECIALLY THOSE THAT ADVANCE IN THE WORLD WIDE WEB. THE SPECIFIC OBJECTIVES OF THE STUDY WERE: TO CONSIDER THE MAIN ASPECTS OF THE PHENOMENON OF CYBERCRIME; RESEARCH THE POSSIBLE LEGAL CONSEQUENCES CURRENTLY APPLIED IN THE LEGISLATION IN FORCE IN OUR COUNTRY ACCORDING TO THE ADOPTED DOCTRINAL CLASSIFICATION; ASSESS THE ASPECTS THAT MAKE IT DIFFICULT TO IDENTIFY AUTHORSHIP. THE STUDY AIMED TO UNDERSTAND IF ANY OCCURRENCE RELATED TO CYBER CRIMES IS FORESEEN IN THE BRAZILIAN LEGAL SYSTEM? WHAT ARE THE BIGGEST LEGAL CHALLENGES IN THIS MEDIUM? HOW CAN THE SECURITY OF VICTIMS AND CYBER CRIMES BE ENSURED?. THE STUDY HAS THE DEDUCTIVE METHODOLOGY, SEEKING TO UNDERSTAND THE STUDY THEME FROM PREMISES. THE RESEARCH IS QUALITATIVE, ALSO EMPHASIZING BASIC RESEARCH. THE CONCLUSION OF THE STUDY SHOWS THE EXISTENCE OF AN ANONYMITY FACILITY IN THE DIGITAL ENVIRONMENT THAT ALLOWS IMPUNITY, SINCE, GIVEN THE LACK OF IDENTIFICATION, IT IS IMPOSSIBLE TO VERIFY THE AUTHORSHIP OF THE CRIME AND THUS THE CRIMINAL PROSECUTION IS FRUSTRATED, SO STATE ACTION IS REQUIRED TO PREVENT MEANS OF ANONYMITY OR EXTREME PRIVACY FROM BEING USED TO EVADE THE PUNISHMENT OF CRIMES.