A fragilidade na legislação quanto aos crimes cibernéticos no direito penal brasileiro

This monograph aims to bring light the bias of the concepts inherent to the judicialization of acts practiced in the virtual environment of the internet, which, specifically within the scope of the Brazilian national territory, given the fragility of legislation for the crime to be judged correctly, since the Existing classification for cybercrime is not effective due to the dynamics of computers and the internet. In addition to clarifying the concepts inherent to the subject, the definitions and legal forms that approach and allude to typification of the so-called Cyber Crimes contemplated in Brazilian Criminal Law will also be presented, as well as, in the face of the absence of specific legislation for the relations of consumption in the virtual environment of the internet, the fragility of what is proclaimed by Law nº 8078/90, as well as the consequences of the more contemporary advent of Law nº 12.737/2012. As a priority, a collection of concepts related to the core of the present work was developed, as well as, and concomitantly. Subsequently, an analysis is presented on the interpretations of criminal law based on the approach of the constitutional principle of Legality, and also, and consequently, the efficiency of Law No. 12.015 of 2009, as well as the Budapest Convention. Bibliographical research is adopted as a methodology for developing this, supported by great scholars of Criminal Law, naturally, legislation that permeates by changing the sentence for cyber crimes, coming from Law nº 14.155/2021, in addition to renowned articles that discuss the theme. Conclusively, the impressions of the authors will be presented, based on the material consulted and presented in the course of the present, about the conjunctural environment caused by the increasing advent of the so-called Cyber ​​Crimes, in contrast to the absence of specific and broad typification of these by Brazilian legislation, inevitably incurring in the promotion of notorious legal and social insecurity in the Brazilian territory, both physical and virtual.