Páginas

domingo, 12 de maio de 2013

The security of the electronic process and cybercrime

There are some criticisms of the electronic process in relation to the question of security because it is argued that insecurity is rife in virtual world and there are many cases of invasions and the possibility of failures in computer systems, as well as possible "expert manipulation."
Can we say that the network society is also the risk society, however technological advancement and its benefits to society can not simply stagnate fear that there is invasion and data handling system electronic process. If so, Brazil would never have deployed your current voting system that relies on using the electronic ballot box.
The distrust in the security of electronic process may be related to resistance to this change motivated by ignorance about the technology used, as the use of asymmetric cryptography and digital certificates that give authenticity to electronic documents. As to the risk of a breakdown in the systems with the electronic process, the party and the attorney can not be harmed if it happens, but must prove its occurrence.
In relation to computer crime and the risk of invasion to the electronic court system, it should be noted that already in force Law 12.737/12 have entered the art. 154-A in the Criminal Code, providing for the conduct of a crime "invading alien computing device, or not connected to the computer network, in violation of improper safety mechanism and in order to obtain, tamper with or destroy data or information without the express permission or implied of the owner of the device or install vulnerabilities to gain unfair advantage. "
The mere fact that there is risk of forgery and fraud in the procedural process on paper not prevented the developed means of identifying criminal and tort committed in the traditional process. The same situation also exists and applies to electronic process regarding the risk of invasion and manipulation of data, because, in fact, there is total and absolute safety because it is impossible in computer media, but only the necessary security so that one can feasible it, accompanied by the relevant criminal law so that we can suppress such behavior.
In this respect, our legal system already has criminal laws that could be applied to punish the invasion of computing devices in order to obtain, tamper with or destroy data and information (including those that are stored on computing devices electronic system procedural) with undue violation of its mechanism of safety and whether or not connected to the computer network.

quinta-feira, 9 de maio de 2013

Advocacy and the electronic process

Currently, we complain about the pace with which the Judiciary has been promoting the electronic process, accompanied by the lack of rationality and common sense in the way it is being conducted. Indeed, the purpose of the virtualization process is not to make life difficult for lawyers, making it more bureaucratic, but rather, should make it easier for everyone to be benefiting from its deployment.

It faces a moment of transition from traditional to electronic process, however it does not seem that the problem of the electronic process is the speed in your deployment, but the clutter.

Therefore, there is the electronic process that must walk slower pace, but the judiciary should be aware that this process is conducted in an organized manner, acting reasonably, since the electronic application until the end of the procedure with the trial of demand.

Already it is important to say that the right to petition can not be limited to a certain number of megabytes in the electronic process, as well as do not admit restriction to number of pages in the traditional process. Thus, it is concluded that it is the electronic process that should be at the service of people who use it, and not otherwise!

quarta-feira, 7 de outubro de 2009

Technology for democracy and e-participation

The Information Society is becoming complex, so nowadays the information and comunication technologies (ICTs) has an importante role once it can support the development of the democracy with the creation of new legal institutes, if necessary, in order to allow the citizen to participate of the democratic process by his or her influence directly in the government decisions.

The democratic process is organized as a teleologic system, from up to down, the means of the citzenship exercise are established in the limits of the Brazilian Federal Constitution.

On the other hand, the Internet appears as an emergent phenomenon, from bottom to top, as a democratic environment and decentralized, where all citizens, who are connected to the cyberspace and want to show their politic point of view about the national problems, will be able to exercise the citizenship online and e-participation.

The citizenship online is very important for the e-democracy, however it is not enough just to develop digital inclusion politics, but also to know that the technology is not neutral and the access to the knowledge confers such a power to the citizens in this network society.

However, the exercise of e-participation and the citizens influence in the democratic process by using the ICTs will depend on which levels of the politic process they can participate.

In such a way, many models of e-democracy with the adaptation or creation of new legal institutes is being studied in which the connected citizen appears as an important actor for the development of the electronic government.
 

terça-feira, 10 de março de 2009

The role of the university in the knowledge society

The university should be recognized as an institution that plays important roles in human development, and regional development in contemporary society.
  It's mission is not only to enable students to obtain a diploma, a job and pay satisfaction, but mostly to be able to produce new knowledge and apply them to social reality, considering the need to be accessible to the whole society, at all social levels so there is social inclusion, exerting both a social function as political.
  In addition, the university should be able to repay the investment community receives, conducting studies, research and extension projects compatible with the real needs of the population for the common benefit, ie, it must contribute to solving the current problems of society.
  Another function of the university is to help students so that they have formulated an opinion and criticism on the social reality so that there is a scientific, technological and cultural.
  Finally, the university has as its duty to be committed to building a more just and egalitarian society.

quarta-feira, 4 de fevereiro de 2009

The illusion of transparency of e-government

Several Brazilian government sites began using the web, in order to achieve a greater level of transparency about the management of public affairs, for example, disclosing information on the world wide web on the revenues and expenditures of the government.

  These initiatives are part of the so-called "Transparency Portal" aimed, in general, give publicity to the citizen as being about the management of the administrative machinery in the belief that he could follow and, so to speak, to supervise the government, creating many often a simple illusion of transparency and public control of public administration by the citizen.

  It turns out that not only citizens know HOW MUCH is being spent by each public body or separately by each of the three powers, but mostly you need to let him know HOW are spending resources and public funds so that there is minimal control by the citizens, ie, to check whether they are being applied properly and for the benefit of the whole community.

  It is noteworthy that very little help to improve transparency provide information that is not understandable to the lay citizen will have difficulty dealing with the language of technical terms used or with legal language, leaving the government with the mission of applying information technology and communication in favor of the common good, encouraging the exercise of citizenship and the strengthening of democracy and, consequently, the strengthening and legitimizing the government itself.