Responsabilidade civil e penal dos profissionais de TI

Abstract

The general objective of this work is to identify the civil and criminal liabilities of Information Technology (IT) professionals. Throughout the work, we sought to map the main challenges faced by professionals in the area, resulting civil and criminal liabilities, in view of compliance with legislation such as Federal Law No. 13,709 - General Data Protection Law LGPD, Federal Law No. 12,737 - Carolina Dieckmann Law, Federal Law No. 12,965 - Internet Civil Framework, Federal Decree-Law No. 2,848 - Penal Code, Federal Law No. 10,406 - Civil Code. The research revealed that failure to observe the inherent legal framework results in severe penalties, financial damages and reputational impacts, sometimes even irreversible for companies and IT professionals. In view of this, the importance of solid compliance and well-defined internal policies to mitigate risks became evident. The implementation of good digital security practices, combined with ongoing training of IT professionals, is emerging as a critical factor in ensuring compliance and minimizing the negative impacts of potential legal consequences. The need to implement a diligent culture of legal compliance was identified. In addition, the analysis of case law demonstrated that the interpretation of the relevant legislation has become increasingly rigorous, reinforcing the urgency of adapting to the relevant legal requirements. Therefore, It can be concluded, therefore, that the role of the Information Technology professional goes beyond the strictly technical domain and requires the internalization of the civil and criminal responsibilities that permeate the development and operation of digital systems and services. Success in this role presupposes not only the use of advanced technological solutions, but also a preventive and strategic approach, guided by current legislation, data governance, and digital compliance, in order to ensure regulatory conformity and legal support for professional activity in IT.