A internet e a fragmentação do direito penal no reforço da cultura do medo no Brasil: percepção social e perspectiva legislativa

• Autor(a) principal: Wendt, Emerson
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional do Centro Universitário La Salle
• Texto Completo: http://hdl.handle.net/11690/1029
• topic: Direito; Direito penal; Internet; Crime por computador; Segurança de dados; Medo

The creation and proliferation of Internet access in the second half of the twentieth century transformed the communication activity and intensified human and social relations, allowing the increase in cultural, political and economic knowledge, whether it is individual or collective. Moreover, it opened the doors of the world to clicks of curious and eager for informational table arranged in screens representative of desires, dreams and lighting. It also de-condensed aspects of ethics and morals, increasing their complexity. The expansionism of social relations of contemporary times also led to the creation of new risks, based on digital technology and its use. The modernity that marked its speech in the security and certainty, hovers far, and the changes that have come with technology made room for the complexity of the contemporary world, in which more options are available than can be made or control and even contingencies pointed or channeled also are not enough to resolve the issues and conflicts that are created / generated in that environment. So the Law has been called to be a provider, a safe harbor, opposite to the security that was lost in the contemporary world, be it social, be it legal. More than that, the Law, especially criminal, has been seen as a producer instrument of social peace. Thus, the present study aims to determine how the culture of fear and aspects inherent to complex and current risk society influence in drafting / formatting new crimes against the contemporary technological-digital conflictual. The analysis method is qualitative and deductive, starting from the general to the particular. The methodology used is the literature review techniques in the fields of Law, Technology and Internet, case study (Carolina Dieckmann) and empirical research, with data collection through formatted questionnaire and distributed over the Internet (Google Forms and Facebook), with the consequent qualitative analysis of the responses regarding perceptions of risk and fear in using the Internet and social need for its regulation by Law. The research analyzes, from the system theory of Niklas Luhmann, as aspects of the culture of fear and the perception of risk on the Internet influence society (political system) to require the production of more Law, especially the Criminal and how it should be limited to the minimum necessary in order to respect human rights and guarantees, that is, a Criminal Law in the "digital era" with the preservation of individual rights.