Esta semana, o Senado aprovou o projeto 35/2012, conhecido por “Lei Carolina Dieckmann”, que define certos crimes eletrônicos: invadir computadores, derrubar sites e falsificar cartões de banco entram no Código Penal, com suas respectivas punições.
Ela ainda não virou lei: antes volta à Câmara e, se aprovada, ainda precisa ser sancionada pela presidente – mas há grandes chances disso acontecer, e em breve.
Ela nasceu como alternativa à Lei Azeredo, projeto que também tramita no Congresso. No entanto, na forma que estão hoje, os dois projetos de lei – Azeredo e Dieckmann – parecem se complementar.
Não se preocupe: a Lei Azeredo foi reescrita de tal forma que hoje ela é inofensiva – todos os seus pontos polêmicos foram rejeitados. Mas com eles, se foram alguns pontos realmente necessários, como punir quem invade computadores ou derruba sites. A Lei Dieckmann os traz de volta, sem polêmicas – porém ainda deixa algumas dúvidas.
Azeredo e Dieckmann
No longínquo ano de 1999, surgiu o projeto da Lei Azeredo (PL 84/99), cujo objetivo era definir crimes cibernéticos: hackear o computador de alguém, difundir vírus, derrubar sites, repassar pornografia infantil, essas coisas. Outros projetos de lei foram incluídos na Lei Azeredo – como o estelionato eletrônico (phishing) – e em 2003 ela foi aprovada pela Câmara. No Senado, ele também se arrastou por um longo tempo, onde foi reformulado até chegar à sua versão final em 2008.
No entanto, o projeto de lei ainda tinha muitos pontos polêmicos – como guardar um histórico de acessos por três anos – ou amplos demais, que poderiam restringir a privacidade e liberdade na internet. Por isso, este ano a Lei Azeredo foi “depenada”: dos seus 23 artigos, 17 foram removidos – incluindo o temido histórico de IP. Agora ela só cobre: favor a inimigos (traição); falsificação de cartões de crédito ou débito; e criação de uma estrutura policial para combater esses crimes. Só.
Ou seja, agora ela não trata mais sobre invasão de PCs ou redes; nem sobre divulgar informações sigilosas; nem sobre derrubar sites. Aí entra a Lei Dieckmann.
O projeto de lei 2793/11 ganhou o nome da atriz global, em parte, por uma coincidência. Ele foi proposto na Câmara dos Deputados em 2011, muito antes das fotos nuas de Carolina Dieckmann vazarem na internet. A ideia era criar uma alternativa mais enxuta à Lei Azeredo – que, na época, ainda se arrastava e tinha a chance de não virar lei. O novo projeto focava apenas em tipificar os crimes cibernéticos mais graves.
Em 4 de maio, vazaram as fotos nuas da atriz. Duas semanas depois, o projeto de lei 2793/11 foi aprovado pela Câmara. Associar os dois se tornou inevitável.
E a Lei Azeredo? Ela perdeu seus 17 artigos polêmicos também em maio, depois que tudo isso aconteceu.
Comparação
Na prática, a Lei Dieckmann restaura vários artigos que a Lei Azeredo perdeu, mas sem as polêmicas do passado. Um deles é a “invasão de dispositivo informático”, definido a seguir:
Art. 154-A. Invadir dispositivo informático alheio, conectado ou não a rede de computadores, mediante violação indevida de mecanismo de segurança e com o fim de obter, adulterar ou destruir dados ou informações sem autorização expressa ou tácita do titular do dispositivo ou instalar vulnerabilidades
A definição é bem ampla, e parece incluir até o estelionato eletrônico (phishing) – uma “violação indevida” com o fim de obter dados “sem autorização expressa ou tácita” do dono. O projeto de lei também criminaliza quem divulga informações sigilosas obtidas por invasão – como as fotos vazadas da Carolina Dieckmann – e quem dá ferramentas para isso.
É o que a Lei Azeredo fazia; mas o novo projeto de lei tem uma linguagem mais precisa, menos ampla, e estabelece pena menor (3 meses a 1 ano).
A Lei Dieckmann, no entanto, deixa bem explícito que o crime de invadir computadores e divulgar informações fica mais grave se o alvo forem… políticos. Caso o afetado seja o presidente da República, do STF, da Câmara, do Senado ou de outros cargos altos, a pena aumenta “de um terço à metade”.
A Lei Azeredo também punia quem derrubasse sites, provedores ou qualquer outro serviço online. Isso agora faz parte da Lei Dieckmann: “interromper ou perturbar serviço telemático” rende de um a três anos de prisão, além de multa.
Os dois projetos também versam sobre a falsificação de cartões de crédito ou débito, praticamente com as mesmas palavras. E só. Os pontos polêmicos da Lei Azeredo não chegaram à Lei Dieckmann.
Dieckmann sai na frente
Enquanto a Lei Azeredo se arrasta por mais de dez anos, a Lei Dieckmann tem grandes chances de ser aprovada bem rápido.
Ela tramitou na Câmara por “apenas” 172 dias (em vez de anos), e passou para as mãos do Senado. Mas por que a pressa? É que o Congresso discute a revisão do Código Penal, que vai incluir um capítulo específico sobre crimes digitais. Segundo o IDG, se o projeto 2793/11 fosse incluso à revisão do Código Penal, ele não precisaria ser analisado de forma separada por diversas comissões.
Mas chegando ao Senado (como PLC 35/2012), veio a pergunta: por que não esperar a reforma do Código Penal? Segundo O Globo, a Febraban (Federação Brasileira de Bancos) convenceu os senadores a votarem logo no projeto de lei, um assunto urgente, porque o novo Código Penal demoraria a sair. Então o Senado aprovou o projeto de lei esta semana.
O projeto ainda precisa voltar à Câmara, mas deve ser votado já na semana que vem. Depois, ele precisa receber a sanção da presidente para, enfim, virar lei.
E sem pontos polêmicos, a Lei Dieckmann deve tramitar rápido pelo Congresso. Como dissemos antes, foi uma atitude esperta dos deputados que a criaram: o projeto simplificou tudo, deixando de tocar em assuntos importantes sobre direitos (e deveres) na internet.
Mas uma hora ou outra, os pontos polêmicos virão à tona. Por exemplo, se a invasão de hackers é crime, como isso será provado? Provedores deverão guardar um histórico de navegação para isso? E como provar que uma pessoa, ou um grupo de pessoas, fez um site sair do ar? Tem mais: a Lei Dieckmann fala pouco sobre direitos na internet, como o direito à privacidade. Assuntos como estes ficaram para o Marco Civil da Internet, que ainda precisa ser aprovado pela Câmara, e passar pelo Senado e pela presidente.
Se a “Lei Carolina Dieckmann” for mesmo aprovada, ela representa um avanço ao finalmente definir o que são crimes cibernéticos, sem as antigas polêmicas da Lei Azeredo. No entanto, será apenas o início, marcado por algumas incertezas sobre nossos direitos e deveres na internet. [Lei Dieckmann; Lei Azeredo]
Foto por Mopic/Shutterstock
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