Protesto cibernético, a internet e o direito penal: um debate sobre direitos, tecnologias e a repressão estatal

Abstract

This dissertation examines the relation between cyber protests and Criminal Law, in order to seek guidelines for the criminal treatment of the phenomenon in Brazil. In line with the interdisciplinary nature of the subject, topics related to Sociology, History, Political Science, Information Technology and other branches of legal knowledge were addressed. The work begins with a conceptual and historical analysis of social movements and protest, as well as the technological advances in recent decades. To illustrate the phenomena, concrete cases that denote the political and social nature of protest actions that took place within or with the help of the Internet were explained. Afterwards, the discussion revolves around the existence of the right to cybernetic protest and what would be its limits. Based on the conclusions, the consequences of the recognition of a cybernetic right to protest in Criminal Law are analyzed and guidelines are defined for the treatment of the legal-criminal matter in Brazilian Law.