Abstract:
The research is based on the hypothesis that legislation, despite having advanced a
lot in recent years, creating new devices and paying attention to the rapid expansion
of the virtual world, is still unable to prevent and protect society from all dangers
arising from the virtual environment. Promoting discussion regarding laws 12,737/12
and 12,965/14 and showing how Brazilian jurisdiction behaves regarding
cybercrimes, we seek to concisely explain the main points of the laws worked on and show the importance of legal provisions that aim to the protection of individual rights
in a virtual environment. We will show what Emerson Wendt and Higor Vinicius
Nogueira Jorge say about cybercrimes. The progress of digital democracy will also
be shown from the perspective of Wilson Gomes, who is the theoretical reference for
theories of society and exception. Another point of relevance is to mention, explain
and exemplify how those who practice virtual conduct typified in the Penal Code act,
such as these cyber crimes. Furthermore, what state are cybercrimes in today's
society and what is their projection for the coming years, based on a critical
perspective of crime according to Zaffaroni.
