Cooperação internacional em matéria penal e o crime cibernético no Brasil

Abstract

Technological advancements have sparked revolutions in various sectors of society, especially in human activities, reshaping the world into a hyper-connected society known as the information age. Within this context, new scenarios and behaviors arise, presenting fresh challenges to Criminal Law. With the emergence of cyberspace, the interpretation and definition of geographical boundaries have changed, raising questions about the effectiveness of legal instruments in the face of increasing criminality in the digital environment. This landscape prompts a review of fundamental concepts, especially concerning jurisdiction, the application of the law, and the determination of the crime's location. The transnational nature of cybercrime calls for a reinterpretation of the concept of sovereignty. In this regard, the aim of this study is to investigate the political-criminal challenges faced by the Brazilian legal system in the face of cybercrimes, as well as to evaluate the importance of international cooperation in penal matters from the perspective of Brazil's accession to the Budapest Convention. Thus, the research intends to demonstrate the significance of cooperation in penal matters for effective prosecution in cybercrimes, as well as the impact of Brazil's accession to the Budapest Convention – a specific international treaty on cybercrime – and the legal and practical consequences of this integration into the Brazilian legal framework. Adopting a deductive approach and using documentary bibliographical research, the study is structured in four parts: the first discusses the emergence of the information society and the categorizations of cybercrime; the second examines the Brazilian legislative trajectory in the face of digital crimes; the third emphasizes the importance of international penal cooperation and Brazil's position in this setting; the fourth and final segment focuses on the impacts of Brazil's adherence to the Budapest Convention, reflecting on the possible legislative challenges arising from this commitment.