Crime de estelionato no ambiente online

Abstract

This essay is based on research about the practice of the crime of fraud and digital commerce fraud and their criminal sanctions. Provisions of the State, through the Brazilian Penal Code, originated by Decree-Law number 2,848 firmed on December 7, 1940, recognize the fraud as obtaining improper advantage, in two ways: commissive and omissive, applying penalty of imprisonment, from one to five years, and fine. We briefly discuss the concept of crime in the criminal law in Brazil in its characteristics of typicality (typical fact), anti-fairness (antijuridical) and culpability. E-commerce has an important contrast compared to others, as it is the most used intermediary in modern times to violate the patrimony of people surfing the world wide web. With focus on this, it is given so much importance to e-commerce because of the wide convenience, ranging from price surveys to the varieties offered to the searching consumers. These advantageous features of e-commerce are the ones that spread users to the protocol of this purchasing-obsession with consumption, imposed by the new model of society. In this platform, consumer accidents arise, in which they are opened by some malicious browser gaps, a fact that, among many other aspects, is considered very practical in an economical view. In face of these matters, the discussion suggested here becomes relevant, as the fraud itself and the digital frauds are themes that the legislation did not follow in a satisfactory manner and the constant expansion of technology can lead to impunity for those who commit property offenses through the internet, due to the lack of rules to be applied.