A comparison of the classification of cybercrime in South America

Abstract

The analysis of cybercrime by jurists and experts in computer security has led to the classification of criminal behaviors in many legislations across the Americas. However, a comprehensive study of the reality of cybercrime in this region has not yet been conducted, making it difficult to identify and penalize certain cyber behaviors that should be treated as independent offenses. In response to this need, a research was conducted to identify computer crimes classified in countries with significant advancements in the field, aiming to recognize deficiencies and gaps present in the legislations of the Americas. This research relied on academic publications and analysis by the authors, utilizing theoretical and empirical methods, as well as interview and survey techniques. As a result, criminal behaviors executed with computer tools were detailed according to American legislation, existing deficiencies were identified, and a solution was proposed consisting of classifying certain cyber behaviors as independent offenses in the legal-penal frameworks of South America, thereby avoiding their sanction under traditional figures that do not proportionally reflect the damage caused.