A fragilidade da legislação penal frente aos crimes de furto em bancos digitais: uma análise das lacunas normativas e da ausência de regulamentação específica para crimes digitais no sistema penal brasileiro

Abstract

This study analyzed the weaknesses of Brazilian criminal law regarding digital bank theft by examining regulatory gaps and the lack of specific regulations for cybercrimes in the Brazilian system. The study adopted a bibliographic and documentary research methodology, which examined the historical evolution of the crime of theft and its confrontation with the reality of the digital age. It found that the classic concept of theft, centered on the materiality of "movable property," has become conceptually insufficient given the dematerialization of assets and values in virtual accounts. The study demonstrated that the rise of cyberspace has led to an exponential increase in these crimes, a phenomenon analyzed through the lens of Routine Activities Theory. It was also evident that Law No. 14,155/2021 did not address the need for a separate criminal classification for electronic theft, resulting in legal uncertainty and a shift in case law regarding the criminal classification between qualified theft and electronic fraud. It was concluded that effective protection of digital assets required urgent legislative reform that included the creation of a specific criminal category for electronic theft, ensuring greater coherence and effectiveness in criminal prosecution.