Dark Web: Desafios da Persecução Penal na Repressão ao Cibercrime e a Salvaguarda dos Direitos Fundamentais no Ordenamento Jurídico Brasileiro

Abstract

The present Term Paper investigates the challenges of criminal prosecution in repressing cybercrime on the Dark Web and the safeguard of fundamental rights within the Brazilian legal system. Given the opacity, high degree of anonymity, and transnationality of this virtual ecosystem, the following research problem is outlined: what are the main challenges faced by the State in repressing these offenses, and in what way is it possible to ensure the safeguard of citizens' constitutional guarantees? The objective is to analyze the institutional obstacles in identifying agents, evaluate the admissibility limits of electronic evidence, and propose mechanisms that harmonize prosecutorial efficiency with the protection of rights provided for in article 5 of the 1988 Federal Constitution. Methodologically, the research adopts an interpretive and qualitative approach, of a bibliographic and documentary nature, supported by Bardin's content analysis method. The central hypothesis, confirmed throughout the study, points out that the insufficiency of traditional normative diplomas such as the Brazilian Civil Rights Framework for the Internet and the Carolina Dieckmann Law in the face of invasive techniques, such as government hacking and virtual infiltration, generates a territoriality crisis and drives the need for a specific legal discipline for digital criminal procedure. The data demonstrate that the intrinsic volatility of digital evidence requires rigorous and unconditional respect for the chain of custody institution, under penalty of breach of reliability and derivative unlawfulness based on the fruits of the poisonous tree doctrine. It is concluded that the strict balance between investigative efficiency and human dignity is the only way to ensure the democratic legitimacy of the criminal justice system in highly complex virtual environments.