TECHNOLOGICAL CRIMINAL INVESTIGATION: THE ROLE OF THE TOCANTINS CIVIL JUDICIAL POLICE IN INVESTIGATING VIRTUAL RAPE

Abstract

This article analyzes challenges faced by the judicial police of Tocantins in the context of the criminal investigation of virtual rape, which includes the collection of digital evidence and other activities of criminal expertise. It uses a qualitative approach, through the analysis of current doctrine and jurisprudence on the subject. Crimes that occurred exclusively in the physical-material world migrated to cyberspace, which brought new challenges for their proper illicit-typical adequacy. In the case of sexual crimes, it was no different, since the range of criminal conducts that violate sexual dignity began to be committed on a large scale in the cyber environment, among them “virtual rape”. In comparison with the principle of legality, the article investigates whether the criminal type of rape (arts. 213 and 217-A of the Penal Code) can materialize in cyberspace. It verifies obstacles faced by the Civil Police of Tocantins, in the investigation of virtual sexual crimes. It investigates the techniques and tools used by the judicial police in the investigation of such crimes. As a result, it points out that the doctrine and jurisprudence admit the practice of the crime of rape in its virtual form, in view of the dispensability of physical contact between author and victim for its consummation, despite the need for a better legislative typification of the conduct, in compliance with the taxation principle. It concludes that virtual rape is possible due to the nature of the crime and the lack of body contact between author and victim, although it emphasizes the need to improve legislation to better face the challenges posed by cyber crimes.