A aplicação do uso da força no ciberespaço

• Autor(a) principal: Caiado, Ricardo Alexandre Rodrigues
• Data de Publicação: 2020
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/106604
• topic: Uso da força; Ciberespaço; Cibersegurança; Ciberataques; Estónia; Cibercriminalidade; Use of force; Cyberspace; Cybersecurity; Cyber attacks; Estonia; Cybercrime; Direito

The present work was elaborated in the scope of the Master in Law and Security of the Faculty of Law of the New University of Lisbon, and had as aim to answer the following question: "What are the legal limits of application of the use of force in Cyberspace?" To this end, we will address security in cyberspace, including the summary analysis of cyber attacks to Estonia in 2007, and some considerations regarding cybercrime, a problem that is increasingly part of our daily lives. Likewise, and due to its relevance and relevance, we will analyze the phenomena of terrorism and cyberterrorism. After this framework, we will delimit the use of force, as well as explain some important concepts to understand how the general principle of prohibition of the use of force works, such as the concept of aggression, and what the concepts of “jus ad bellum” and “jus in bello”, as well as their differences. We will also address the exception to the prohibition on the use of force, which translates into self-defense, under the terms of article 51 of the Charter of the United Nations and we will try to explain what the Tallinn Manual contributed, as a framework for good law practices International, which will ultimately condition the definition of new legal concepts and procedures for responding to cyber attacks. Finally, the issue of the use of force in cyberspace will ultimately condition the definition of new legal concepts and procedures for responding to cyber attacks. Finally, the issue of the use of force in cyberspace will be the object of analysis, which will be preceded by a brief framework related to cyber defense, as well as an analysis of classical war principles, in order to understand how force is used in a more traditional perspective of armed conflict. The ultimate goal of this journey will be to understand the legal limits of the use of force through the various legal norms and good practices that are addressed in this study. However, we could not take the opportunity to also leave room for reflection on the need to adapt the concepts of the more traditional Art of War to a War that occurs in Cyberspace, where the concept of boundary is difficult to define, as well as the way each state moves in this virtual chessboard assumes completely different contours.