For some time now, it has been tried to show that the Internet is not a land without laws, and most of the laws in force in the country are perfectly applicable in situations that occur in a digital environment.
The digital environment is just an extension of real life. In both, we can share, buy, communicate, pay bills, and even deal drugs, instigate suicide, offend honor, among others. Thus, the people, the required good manners, the crimes and the laws applied are the same in both communities.
As well taught by Prof. Amaro Moraes and Silva Neto, what happens is just the “necessity of some adjustments to the existing laws. Digital certification and crime caused by the spread of bitch viruses are an example that no new goods have emerged legal rights to be protected, but, yes, new ways of adapting them to new situations - which is quite a lot different. After all, stealing money from someone's checking account, through artifice, ruse or any other fraudulent means, isn't it a swindle? Isn't falsely attributing to someone a fact defined as a crime slander? Isn't attributing offensive fact to someone's reputation defamation? Isn't attacking someone's honor or dignity an injury? Violating someone's intimacy, or privacy, is not a civil offense?”
1 The act is the same. What changes is the medium.In this sense, the Brazilian Justice has had a lot of work, but there are already some decisions that serve as precedents for actions in progress and others to come.
In the district of Anaurilândia, in the interior of Mato Grosso do Sul, judge Fábio Henrique Calazans Ramos decreed the preventive detention of the ex-husband of Judge Margarida Elizabeth Weiler for slander, slander and defamation practiced on blogs, e-mails and websites of relationship.2
In cases like this, it is necessary to ask the Judiciary to break data confidentiality, so that the Internet provider can identify the origin of the e-mail or website.
Let's look at an Interlocutory Appeal decision in which the Court ruled that the Hotmail provider should identify the offending user:
Moral damage done by email
Process: Interlocutory Appeal 70000708065
Judging Body: Second Civil Chamber
Rapporteur: Judge Marilene Bonzanini Bernardi
Judgment Date: 12/04/2000
Summary: INTERLOCUTORY INTERLOCUTORY APPEAL - PROVISIONAL WITHOUT NAME - DISCLOSURE, VIA INTERNET, THROUGH THE ELECTRONIC MAIL SERVICE HOTMAIL, OF ANONYMOUS DEFAMATORY MESSAGES - DIRECTED MEASURE AGAINST THE ELECTRONIC MAIL SERVICE PROVIDER AND AIMING, AMONG THE PROVISIONS, THE IDENTIFICATION OF THE ORIGIN - APPROPRIATENESS - The occurrence of message propagation has been demonstrated offensive to third parties, defaming and slandering the aggravating party, disclosed through the Internet, via e-mail service, and anonymously, characterized by the smoke of good law and the risk of irreparable injury, an injunction must be granted to the service provider to identify the sender, its user, made impossible by common means, and that lock the source. Interlocutory appeal provided.3
The 9th Civil Chamber of the Court of Justice of Rio Grande do Sul decided in the same sense, which sentenced a man to indemnify 30,000 reais who used an email address with the girlfriend's name, disclosing profession, telephone, college and photos of a woman in positions erotic. As a result, the girl came to be called a “call girl”, still receiving calls inviting sex.
An injunction was filed against the provider for the display of documents, it was found that the address belonged to the accused and the provider's subscriber was his brother. The victim asked for compensation in relation to the two, but the action against the brother was dismissed by passive illegitimacy, that is, the brother was only the contractor for the service, and not the sender of the posts.4
In addition to using emails, malicious people exploit all the resources of the Internet to commit crimes under falsehood impression of anonymity, "forgetting" that the provider has all the data and may be forced by the Court to provide them in cases specific.
If you are a victim of crimes against honor or using a false identity, look for a lawyer so that together they can require the Judiciary to break data confidentiality, so that the provider is determined to provide the user's data evildoer. Thus, they may proceed with civil and criminal actions, including the claim for compensation for pain and suffering, if this is the case.
Per Carolina de Aguiar Teixeira Mendes
Lawyer, consultant and educator
Law & Education – New Technologies
[email protected]
1 Available in: http://conjur.estadao.com.br/static/text/50802,1 Accessed on 12 Jun. 2006.
2 Available in: http://www.valoronline.com.br. Accessed on 05 May. 2006.
3 Available in: http://jus2.uol.com.br/pecas/texto.asp? id=590
4 Process 70015438997. Revista Consultor Jurídico, August 21, 2006. Available in: http://conjur.estadao.com.br/static/text/47537. Accessed on 23 Aug. 2006.
Computing - Brazil School
Source: Brazil School - https://brasilescola.uol.com.br/informatica/crimes-contra-a-honra.htm