O papel da linguística forense na identificação da autoria em cibercrimes cometidos única ou exclusivamente através da linguagem

Abstract

The present study seeks to argue about the relevance of a science for the identification of authorship in cybercrimes committed only or partially through language, the Forensic Linguistics, which will, from now on, also be treated by the acronym LF. The main objective of this research is to analyze how the specialized literature deals with the subject of the application of Forensic Linguistics to identify authorship in cybercrimes committed only or partially through language. Still, the present study proposes to argue the inevitability of the application of a linguistic institute with regard to crimes committed through language. The specific objectives are directly related to the object delimited as a theme, which are: (i) conceptualize and statistically analyze the occurrence of cybercrimes in Brazil, also presenting the legal institutes and normative predictions that contemplate cyber crime; (ii) present how materiality and authorship are verified in crimes committed solely or partially through language, especially with regard to the difficulty of identifying the second element; (iii) conceptualize and analyze Forensic Linguistics, presenting famous historical cases; (iv) examine the possibility of applying Forensic Linguistics to solve virtual crimes, in the light of the so-called criminal profiling; (v) present the legal incipience both with regard to Forensic Linguistics and cybercrime, also presenting whether data were found that deal with the application of that as an instrument of identification of authorship in them; (vi) to argue, finally, the need for a science that solves cybercrimes, presenting, as a possible solution for those committed only or partially through language, Forensic Linguistics. Using the works of Malcom Coulthard (2014/2015) as a theoretical framework, the present study uses a qualitative methodology, using bibliographical and documentary research, in addition to conducting a semi-structured interview. The data will therefore be collected through documentary surveys on websites, legal and normative provisions, such as the Penal Code, the Marco Civil da Internet, the Carolina Dieckmann Law, in addition to jurisprudence and overviews, as well as an interview and bibliographic research in periodicals, thesis and dissertation banks, scientific and informational magazines. Assuming that the usual means of solving crimes are not effective when applied to those committed only or partially through language, in the virtual field, Forensic Linguistics seems to present itself as a particularly important tool for the investigation of these crimes. However, we also start from the hypothesis, to be proven, of the incipience on the national scene, both with regard to cybercrime and forensic linguistics, of a specialized literature that deals with the subject, despite its importance. Therefore, the questions that guide this study are: what would be the ideal way to identify authorship in these cybercrimes? Is there already an element in the Brazilian specialized literature that points to the use of a specific technique? The relevance of this study, therefore, is justified, in addition to the incipience of the branch, by the application of a specific science for the identification of authorship in even more specific crimes, in order to contribute to the improvement of the investigation of authorship in the cybercriminal context.