Evidências do expansionismo penal na esteira da regulamentação das novas tecnologias de comunicação

Abstract

This paper aims to analyze the phenomenon of criminal expansionism in the context of the regulation of new communication technologies, addressing the expansion of the State's criminal intervention in an environment increasingly mediated by digital networks. The research starts from a theoretical and normative review to understand how the classification of new criminal behaviors and the hardening of sanctions have been used as a response to the challenges imposed by technological advances. To this end, the use of the symbolic power of Criminal Law in the construction of punitive norms that are often used as a response to popular outcry is investigated. The methodology adopted consists of qualitative research, with a bibliographic and documentary focus, analyzing recent bills that deal with digital crimes, namely, Bill No. 1873/2023 - Virtual Cancellation and Virtual Lynching, Bill No. 1891/2023 - Virtual Rape and Virtual Rape of Vulnerable People, Bill No. 3800/2023 - Electronic Fraud with the use of Artificial Intelligence, and Bill No. 5278/2020 - Invasion of Computer Devices. Among the results, it is observed that the expansion of Criminal Law, motivated by social demands and political pressures, can lead to a scenario of excessive criminalization, compromising fundamental rights and guarantees. It is concluded that, although criminal legislation needs to keep up with social and technological transformations, it is essential that this be done with balance, respecting the principle of minimum intervention and avoiding the overlapping of punitive norms.