Guarda e acesso às portas lógicas de origem: individualização do usuário de rede nos crimes cibernéticos

Abstract

Progressively, cybercrimes have become a reality in the social context. It is in this sense that the State, as the primary guarantor of fundamental rights, finds a role, aiming to protect the most important legal assets that are not reached by other spheres of law. Over the last two decades, technological evolution has made its mark all over the world, bringing important social benefits, especially in terms of ommunication, but also opening space for the practice of criminal conducts that, in a certain way, have innovated in the legal system due to the absence of a legal provision. And it is precisely in this aspect that the public power, in the legislative figure, needs to be attentive to ensure that criminal law is in harmony with the digital reality. Given the exponential growth of the Internet, there was, and still is, the need to protect fundamental rights in the digital environment, ensuring that the individual or even the collectivity eventually offended has an adequate jurisdictional response, and that the offender is reprimanded and punished with the necessary rigor, always aiming to dispel the idea that the Internet is a "lawless land". Brazil was not a pioneer in the treatment and typification of conducts practiced through the Internet, having regulated the issue only after the manifestations of several international organizations. Continuously, several laws appeared in the Brazilian legal system, such as Ordinary Laws 12,735/2012 and 12,737/2012, and the criminal implications instituted by the Marco Civil da Internet through Law 12,965/2014. The Marco Civil da Internet was edited especially with the purpose of regulating the effective exercise of citizenship through access to the network, ensuring the inviolability of private life and intimacy, in the same steps of the 1988 Federal Constitution. From the perspective of researchers in the computer area and experts in digital/electronic law, and from the effectiveness of Law 12,965/2014, the Marco Civil da Internet, it was verified that there is no longer the possibility of identifying a network user based only on the IP address, so currently, there is the need for storage of the logical ports of origin. In this sense, logical ports represent a temporary solution found for the problem of saturation of the individual IP system of the IPv4 network. In the IPv4 network each existing IP address is already assigned to a specific user, so the addition of new users is hampered. However, while the transition from the IPv4 network to IPv6 is not complete, the Brazilian Internet Management Committee (Comitê Gestor da Internet no Brasil) has authorized Internet service providers to share IPv4 IP addresses among more than one Internet user, that is, different Internet users can now share the same IP address through an individual logical port.