Do crime de invasão de dispositivo informático: uma análise do tipo penal à luz da legalidade estrita

Abstract

Recently a Brazilian law that criminalizes the invasion of computing devices was passed. This law was rushed through Congress, because of the attention given to the subject after a situation occurred with a famous television actress, who had intimate photos published on the Internet against her will. The crime definition contains many open elements that need to be limited for a proper application to concrete cases. We believe that the motivation explained by legislators is suitable, however, they made a number of dutties a crime, in a completely non-technical way, which makes the article 154-A of the Brazilian Penal Code a clear example of unreasonable criminal expansion. The conducts under Article 154-A of the Criminal Code undermines privacy and have computing as material object. The legislator "condensed" in a legal offense the guidelines given by the "Budapest Convention" on computer crime. After an analysis of its elements, we conclude that the overuse of dubious expressions in the writing is a serious violation to the principle of strict legality, which makes the criminal type lack effectiveness. At the end, we suggest an alternative writing to this criminal type.