Invasão de Dispositivo Informático e a Lei 12.737/12: Comentários ao art. 154-A do Código Penal Brasileiro

Abstract

This paper research presents the violation of the data privacy on the internet by invasion of informatics device in Brazil. First, it explains how the native doctrine and jurisprudence used to deal with this illegal behavior before the existence of Federal Law number 12.737/12, known as “Carolina Dickmann Law”, which included the article 154-A at the Brazilian Criminal Code to punish this invasion of informatics device as a crime. Then, it shows the most important legal and criminal aspects related to this new crime, bringing out some concepts of legal terms and expressions which were not defined by the law but are very important and discusses about some hypothetical situations that may happen in the application and practice of new criminal law. It also makes comments related to the criminal behavior of producing, offering, distribution, sale or dissemination of device or computer program in order to allow the practice the crime of invasion of informatics device, after that, it shows the hypothesis of increased punishments for these crimes, and, finally it concludes this review by pointing to some legal alternatives of interpretation to solve the difficulties of applying the new law.