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.
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.
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