Direito da pessoa imputada ao anonimato digital

Based on the need to expand, in the virtual age, the list of fundamental rights available to the accused person in the same proportion that procedural practices that use technological resources are extended to their disadvantage, the article proposes to answer the following question: would the accused person have the right to digital anonymity? Without disregarding the need for state intervention when used in the practice of criminal offences, the paper methodologically proposes an interdisciplinary bibliographical review to conceptualize anti-forensic techniques as important tools for protecting the right of the accused person not to produce digital evidence against them, highlighting anonymity as one of its most effective tools and defending the relevance of its legal protection in the cyber age.

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Publication Details

Journal
Revista Brasileira de Direito Processual Penal
Published
2024-10-28
DOI
https://doi.org/10.22197/rbdpp.v10i3.1044
Primary Topic
Digital and Cyber Forensics
Type
article
Field-Weighted Citation Impact
0.00

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article

Direito da pessoa imputada ao anonimato digital

Jamilla Monteiro Sarkis
Revista Brasileira de Direito Processual Penal
Digital and Cyber Forensics
article

Direito da pessoa imputada ao anonimato digital

Jamilla Monteiro Sarkis
article en

Abstract

Based on the need to expand, in the virtual age, the list of fundamental rights available to the accused person in the same proportion that procedural practices that use technological resources are extended to their disadvantage, the article proposes to answer the following question: would the accused person have the right to digital anonymity? Without disregarding the need for state intervention when used in the practice of criminal offences, the paper methodologically proposes an interdisciplinary bibliographical review to conceptualize anti-forensic techniques as important tools for protecting the right of the accused person not to produce digital evidence against them, highlighting anonymity as one of its most effective tools and defending the relevance of its legal protection in the cyber age.

Revista Brasileira de Direito Processual PenalVol. 10(3)
Pontifícia Universidade Católica do Rio Grande do Sul (BR)
Coordenação de Aperfeiçoamento de Pessoal de Nível Superior
Peace, Justice and strong institutions
Openalex Percentile: Top 71%
Digital and Cyber Forensics
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