Criminal Law Aspects of Computer Crime. General Theory of Computer Crimes and the Proposed Bill to Modify the Brazilian Penal Code

Riassunto

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1. Introduction. 2. Certain Aspects of the General Theory of Penal Law and the Origin of Computer Crimes in other Countries. 2.1. Current Limits of the General Theory of Penal Law and the Origin of Computer Crimes in other Countries. 2.2. Computer Crimes and Developments in Legislation. 2.3. The Objectives of Computer Crimes. 2.4. Differences between Existing Institutions. 2.5. The Property or Interest to be Safeguarded and Protected. 2.6. Computer Networks. 2.7. Definition of Computer Crimes. 3. Considerations on the Criminalization of Certain Conduct. 3.1. Criminalization of New Conduct. 3.2. Legal Provisions and the Brazilian Federal Constitution. 3.3. Substantive Criminal Law. 3.4. Proposed Bill to Modify Brazilian Penal Code: Crimes against Computer Systems or Data Communication Systems. Violation of Computer System or Data Communication System. 4.0. Acknowledgement.

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Riassunto

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Criminal Law Aspects of Computer Crime. General Theory of Computer Crimes and the Proposed Bill to Modify the Brazilian Penal Code

Les temps modernes sont somvent, dans les pay's hautement industrialises, caracterises par le terme de revolution informatique. Le temp que precedent, a partir de la moitie du siecle passe, se voit, de son cote, caracterise par la notion de revolution industrielle, le developpement presque explosif, et l'usage repandu, des machines1.

1. Introduction

Technological development has changed the history of the world and transformed society. The Invention of the printing press, of the telephone of the automobile and the discovery of electricity, just to cite a few examples, has led to a fundamental redefining of social, political, commercial and military behavior,

During the second half of this century, we have witnessed one of the most farreaching technological advances: the evolution and widespread dissemination of computers. Ten or twelve years ago, a veritable revolution took place when personal computers started to become common. Now, another revolution, unquestionably greater that the first, Is under way. It Is the advent of computer networks2.

The velocity and irreversibility of these changes have brought about what Is commonly caled the computer revolution, and what Bell defines as the post-industrial society. In view of this fact, we should say right from the start that we do not have to consider computer crimes as the price of progress. To protect ourselves and our computers, we need to replace the myths of the past by the reality of the present. The notion or false idea that computer crime is a problem related to computer techniques, according to Bloombecker3, would be the worst myth of all.

The change undergone by society through technological advances has brought as an mediate and predictable consequence a transformation in the Law and in jural relations too. Today, we are obliged to adjust the Law, particularly Criminal Law, to adapt it to a new form of criminal behavior.

This study will take a look at the present stage of the institutions related to computer crimes. The concepts and definitions of these crimes will be analyzed in the light of international and internal doctrine. A number of solutions already adopted by other legislations will be put forward and discussed.

We will carry out our analysis based on a critical study of already existing comparative legislation in order to suggest some theoretical elements that should guide Brazilian's penal law reform in the area related to computer crimes. This study will try to dealt with the subject in a systematic way, because there are no prior studies of this type in the native doctrine.

Our research covers three specific fields. Firstly, will look at Penal Law related to information technology and the definition of its terms. Secondly, we will analyze the general theory...

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