CYBER CRIMES: legal challenges in the process and judgment of virtual criminal offenses committed by foreign agents against Brazilian victims

Abstract

Cybercrimes represent a growing challenge for national and international legal systems, especially when they involve foreign agents and victims located in other jurisdictions, such as Brazil. Digital globalization allows cyber criminals to act from anywhere in the world, using virtual networks to commit fraud, extortion, data leaks, among other infractions, directly affecting citizens and organizations from other countries. In the Brazilian context, when the crime is committed by a foreign agent, legal barriers arise related to jurisdiction, international cooperation, and the application of national legislation in cases involving multiple sovereignties. The process of investigating and judging these infractions requires coordination between several international institutions, such as cooperation treaties and bilateral agreements, in addition to the adaptation of rules that govern criminal law for the virtual environment. The present study aims to verify the procedures applicable to cases of cybercrime committed by foreign agents against Brazilian victims, analyzing the barriers and legal solutions available. The methodology used is a bibliographical review, based on legal and doctrinal materials on the topic. It is concluded that international cooperation and the improvement of national legislation are crucial to face these challenges effectively, thus the continuous improvement of national legislation is essential for the protection of Brazilian citizens and organizations, preventing and punishing, more efficiently, such as infractions committed in a virtual environment. In this way, this study contributes to the reflection on the legislative and institutional needs to combat cybercrimes, reinforcing the importance of a legal system adapted to the global digital reality.