CYBERCRIME AND THE CHALLENGES REGARDING THE EFFECTIVENESS OF BRAZILIAN LEGISLATION IN LIGHT OF THE EXPANSION OF DIGITAL TECHNOLOGIES

Abstract

The expansion of digital technologies has transformed social, economic, and institutional relations, but it has also fostered the emergence and proliferation of cybercrimes, creating new challenges for the legal system and for agencies responsible for security and investigation. Against this backdrop, this study aimed to analyze the effectiveness of Brazilian legislation in the face of the expansion of digital technologies and the rise of cybercrimes, focusing specifically on Law nº. 14.155/2021 and Law nº. 13.709/2018 (the General Personal Data Protection Law). The methodology involved bibliographic and documentary research—qualitative in approach and descriptive in nature—grounded in Brazilian legislation, legal doctrine, scientific articles, and case law published or updated between 2022 and 2026. The results indicate that the Brazilian legal system has made significant strides in protecting the digital environment, particularly through the criminalization and increased penalties for certain acts committed via electronic means, the protection of personal data, and the establishment of specific procedural mechanisms. Case law has also contributed to adapting the application of legal norms to the unique characteristics of digital offenses. However, challenges persist regarding the identification of perpetrators, the preservation of digital evidence, the transnational nature of the crimes, the training of public officials, and the rapid pace of technological evolution. The study concludes that while Brazilian legislation shows important progress, its effectiveness depends on continuous updating, investment in technology and digital forensics, professional training, institutional and international cooperation, and the strengthening of preventive and educational measures focused on digital security.