Legal Systems in Transformation and Transnational Conflict Solution in Information Society

• Author: Arnaldo Sobrinho de Morais Neto - Harrisson Alexandre Targino - Thalysor Mota Vidal Nóbrega
• Position: Lt Col of Brazilian Military Police Criminal, Professor Law at IESP Faculdades - Law Professor at Universidade Estadual da Paraíba - Law Researcher at IESP Faculdades
• Pages: 363-369

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363

Legal Systems in Transformation and Transnational Conflict Solution in

Information Society

Arnaldo Sobrinho de Morais Neto

1

Harrisson Alexandre Targino

2

Thalysor Mota Vidal Nóbrega

3

Abstract.

Technological development has revolutionized many human activities, turning

the world into a global society, an information society. In this new context, the new information

and communication technologies are seen as indispensable support in all areas of human

knowledge. Following this new pattern, a new legal dimension has emerged which challenges the

State, its essential elements and its geograp hical boundaries. The public law concepts of

sovereignty and jurisdiction along with the criminal law concepts of en forcement and jurisdiction

have experienced rema rkable changes due to the changing idea of time and space as to when and

where a crime is committed. Considering th e transnational character due to the globalization o f

the juridical process, some m odifications have been made in the approach to the term sovereignty.

Even though its concept and characteristics may involve many interpretations of doctrinal order,

without con sensus, the result of these interpretations, in many cases, come to delimit th e debate

which is set in a globalized juridical perspective.

© 2012 A. Sobrinho, H. Targino & T. Mota Nóbrega Published by JICLT. All rights reserved.

1. Introduction

The technological advance s over the last twenty years, combined with impacts fro m the socio-econo mic sphere,

puts u s in what is called the information society. This sets a new challenge to future jurists. More than mere

transformations in society, the re is an on-going series of changes in the relationships established between people

and companies, with undeniable echoes onto fundamental legal concepts, such as sovereignty, jurisdiction and

competence. The great improvements pro vided by the internet result in benefits for many people and

organizations by trans forming personal i nformation into a global network. Likewise, there is a really strong

migration of illegal conduct onto t his new platform, callin g into question everybod y’s responsibilities, not only

the State’s. What is an effective manner in which to act?

The debate o f possible solutions to these problems is relevant, particularly as there is a gro wing trend in the

number of internet users – di gital inclusion. It is obvious, then, that due to the increa se in users, the number of

incidents record ed involving criminal conduct on the internet will also increase. Cybercrime, for instance, and

other criminal conduct, might cause major losses to p eople, organizations and the State, especially the

interactions carried out on soc ial networks, like Orkut, Facebook, Twitter, and others. Therefore, the issues to be

addressed herein involve human behaviour and interconnection, not only limited to a State, but also with a

transnational character. Thus, some important conceptual elements that are central p oints will be considered .

They are terms of national criminal law, and terms of i nternational law international criminal cooperation. T hus,

the analysis of possible solutions will be made. Should the action of t he Brazilian State be necessary? Are

1

Lt Col of Br azilian Military Police Criminal Professor Law at IESP Faculdades. Address: Pc. Pedro AméricoS/N, Centro –

João Pessoa – Paraíba, Brazil. Email: asmn10@yahoo.com.br – Telephone: +558332184445.

2

Law Professor at Universidade Estadual da Paraíba. General Secrtary of Paraíba Prison System. Address: Rua Baraúnas,

351 - Bairro Universitário - Campina Grande-PB. Email: harrisontargino@uol.com.br. Telephone: +55833315.3300.

3

Law Researcher at IESP Faculdades. Address: Br 230, Km8, Cabedelo – Paraíba- Brazil. Email:

thalysornobrega@hotmail.com - Telephone: +55832106-3800.