Norman Morrison; Brazil - an American Perspective

Electronic means, specially the Internet, allow people to commit complex crimes that require a rapid and specialized solution. Technological advances have been providing for an increase of common crimes. We can affirm without any doubt, that these virtual crimes are growing proportionally with technological advances.

In fact, the sensation of being anonymous (even though there is a Constitutional prohibition), the impunity and the global reach of communication means, causes an increase in the number of persons committing this type of crime. That is why there is a great demand to inhibit this form of crime.

It is interesting to highlight that the current legislation applied to crimes committed in the physical environment, can be applied with perfection for computer crimes, or other crimes, that in any way used the virtual environment.

The Brazilian Codes have already been discussed regarding common crimes committed through electronic means. On the other hand, remaining are certain conducts that appeared only with the dissemination of highly technological tools. This is the case of crackers, called mistakenly by hackers, which are specialists that invade computers and data banks, always aiming to cause damage (disloyal competition, damage, violation of authorship rights and other conducts). Statistics reveal that Brazil is the country with the greatest number of specialized hackers in the world.

Nevertheless, the Brazilian Law is being applied in a practical way. We can’t forget a complementary recommendation of the legislation about this subject (such as Project 84/99), aiming to give greater speed to cases and an effective repression of electronic crimes.
Also there is a need for international treaty signatures to inhibit criminal activities through the Internet (such as the excellent Budapest Convention of 2001, also known as the Convention of Cyber crime) and, world policies of mutual cooperation, due to the extraterritorial nature of these crimes.

At the national level, Law # 9,296, of 24 of June of 1996, punishes any individual who intercepts computer communication or telecommunication systems. This typical activity of the cracker community is punished when there is proper electronic evidence. The rebuke is imprisonment from two to four years and a fine.

Additionally, electronic evidence has its own characteristics and complexity, requiring specialized knowledge to collect facts and uses. Besides that, the nature of the virtual environment is by itself volatile and fragile, which admirably, interlaces with the ease of recuperation of tracks and other typical vestiges.

Finally, it is of great importance the global concern and the national attention on this matter. Due to this concern, we observe that current Brazilian laws can and are already being applied to crimes committed in the virtual environment, such as pedophilia, financial institution fraud, crimes against reputation, industrial and intellectual property, etc. Allowing the victim to be compensated by the material or moral damage suffered. At this moment, the victims have to exercise their right, looking for what is theirs. Acting in this way, indirectly, we will have positively less impunity and an increase in the exercise of citizenship.

RENATO M. S. OPICE BLUM – Lawyer and economist; Professor and coordinator of the Graduate School in Electronic Law; Professor of Florida Christian University, Getúlio Vargas Foundation, PUC, Airspace Technical Center, Fenasoft and others; completed graduate studies at PUC-SP, with an extension at Eastern Illinois University; MBA Essentials in Economics (University of Pittsburgh); Founder and Counselor of the Brazilian Institute of Computer Politics and Law (IBDI); President of the Council of Electronic Commerce of the Commerce Federation of São Paulo State; Ex-President and Founder of the Committee for Technology Law of the American Chamber of Commerce; Author / Collaborator of: "Electronic Law - Internet and the Tribunals", "Electronic Commerce", "Law & Internet – relevant legal aspects", "Computer Law - controversial subjects", "Civil Responsibility of Manufacturers and Intermediates for Flaws in Computer Hardware and Software", "The 2000 Bug – legal and economic aspects" and others.

JULIANA CANHA ABRUSIO – Lawyer, partner of Opice Blum Associated Lawyers; Professor of Mackenzie Presbyterian University, in the course Law in the Electronic Means; Invited Speaker of the I Andean Community Congress for the Development of Electronic Commerce held in Bolivia (2001); Member of the Commission of New Lawyers of the São Paulo Lawyers Institute (IASP); Member of the Brazilian Association of Computer and Telecommunications Law (ABDI); Co-author of Law and internet Notebook published by the Superior School of the Public Ministry (2002); Author of the Monographs "Legal Aspects of Electronic Commerce" and "Electronic Contracts and Digital Signatures" (2000).