Technological criminal investigation

prospects and limits for virtual infiltration by malware

Abstract

This research seeks to analyze, from the perspective of the incidence from information technology in criminal proceedings, the possibility of use, by the state, of malicious software in the collection of computer data, for investigative and evidentiary purposes. In this view, will be presented a historical overview of cybernetic theory, until it became vulgarized with the figure of the computer and related to the information age. It having envisioned the extent of the possibility of using technology in the context of criminal investigation, it will focus specifically on, in the method of electronic infiltration through software, establishing its characteristics, modus of operation, juridical-procedural nature and the possibility of its admission in the national law. After, based on the theory of weighting or balancing of principles, it is proposed the examination of the collision, generated by virtual intrusion, between, on one side, public safety and, on the other, the fundamental rights and guarantees related to privacy, completeness of data and secrecy of the communications of the people investigated. Therefore, the work, it is justified by its relevance and interdisciplinarity, makes use of indirect documentation, marked by the theoretical-bibliographic review. They will follow, in conclusion, critical considerations, exceptionally admitting the method under discussion in Brazilian criminal investigation.