Legislation and Marco Civil da Internet: Brief Considerations

13 June 2014 | In Destaques | 196 views | By

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Marco Civil InternetMarco Civil da Internet, Law 12965/14 establishes principles, warranties, rights and obligations for the use of the internet in Brazil and determines the guidelines for Union action, of States, the Federal District and the Municipalities. After the attacks on numerous domains where hackers invaded sites like BOPE, of prefectures in São Paulo, Porto Velho in Rorâima, as well as because of allegations of u.s. espionage, the tramitou project as a matter of urgency and was created. The experts charged specific laws to regulate certain conduct in the information society. Now criticize the excessive rules and regulations and norms inserted their law with individual protections already guaranteed by the code of consumer protection, directed to all Brazilian citizens.

*By Leopold Lewis Lawrence

With the hiring of an internet service, by the new law this service could not be suspended except by consumer debt. Em alguns pontos o projeto enfatiza o dever do Estado na prestação de serviços de educação, integrated training to other educational practices, for safe use, conscious and responsible of the internet as a tool for the exercise of citizenship. A promoção de cultura e o development technological, State duty, It was emphasized. Were highlighted rights of internet users, US constitutional molds, ensuring the inviolability of intimacy and privacy and the inviolability and secrecy of communications stored by providers that can only be made available by court order. In situations with the use of internet communication software, the providers must retain the stored content. Logo for those who think internet chats are not stored, These data are maintained by providers. It is salutary that daily sick pedophiles, Phishing, estelionatários e other criminosos não deixam por menos e continuam perturbando a vida do cidadão através de condutas praticadas no meio tecnológico.

As preventive measures, parents should supervise children when using the internet, because there are rules to regulate specifically certain conduct. In the digital world the information whether they are true or false, get body like a beam of light. If the citizen is the victim of a crime committed on the internet, must first preserve the evidence and clues, save these instructions with amparo including a technician, a Professional the technology de informação, well as should seek police authority nearest to your home. If a minor, the child or adolescent accompanied by the parents can seek the prosecution also. In the case of a public action the current law stipulates that any person of the people, must notify the police authority requesting the opening of police investigation.

On the internet there are no boundaries and the Chief of police on duty have the ´ ´ ´ ´ duty to produce the report regardless of the victim's home address. The Snitch, i.e., the one who will inform the authority that the crime occurred, draw up a document containing the information and evidence and indications of authorship. Upon receiving the Chief of police is forwarding the document along with the police report, the Prosecutor who will take care of engaging in clarification of criminal suit.

It is important to note that the evidence and clues must be transparent and able to instruct a process, so that not all crimes are ascertained on the grounds that the uncooperative victims. In the case of invasions of sites, slander, libel and slander practiced on the internet, It is up to the judge through the court order to take the necessary steps to inform the source provider and the user ID. Already in employment relations, the employee is not entitled to be fired carry materials, computer data owned by the company. The victim still has conditions for hiring a professional can go to the police and judicial assistance closer to your House.

Anyway the Marco Civil da Internet emerges as a true Constitution, disciplining rules and law internet networks. If the Federal Constitution of Brazil as maximum law is unknown by many citizens, is that right now at least with the existence of technology, We will have a Constitution best known ? The Criminal Law in Brazil is still unable to satisfactorily protect certain conduct, but the existence of new diplomas to the example of the extensive and rigid Constitution apparently a citizen of 1988, reflect the guideline of the so-called democratic State of law. Believe always. Onward and re-read the Constitution.

Leopold Louis Lawrence, lawyer, post graduate in criminal law, criminal proceedings and tax law has a master's degree in criminal law from Puc/SP and President of OAB – Subsection Tatuapé.

In Ivaiporã-PR, Computer engineer, Workgroup Administrator Tips in General. Passionate about technology and Informatics.

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