In the era of digital scams and organized crime, Criminal Law has expanded to address risks and behaviors that were once beyond its reach.
This expansion reflects an attempt to respond to the collective feeling of insecurity in a society in constant transformation.
The rise in crime — especially in digital environments — awakens a social desire for control and protection. As a result, more and more ordinary people are being reached by criminal law.
The role of technology in amplifying risks
As jurist Jesús-María Silva Sánchez observes, technological and social development has created new types of risks that go beyond the individual and local level.
Today, large agents — such as companies, governments, and organizations — participate in creating contexts that the law must regulate.
These transformations make criminal liability extend beyond the traditional model, in which only intentional and direct individual acts were punishable.
Informational insecurity and the perception of crime
The growth of risks is accompanied by a social sense of insecurity.
Constant exposure to news and content about crime — whether on social media or in traditional media — feeds the idea that crime is everywhere.
In addition, the avalanche of fragmented and often inaccurate information makes it difficult to distinguish truth from misinformation, increasing the sense of vulnerability.
In this context, misinformation itself can lead someone to commit unlawful acts without awareness of their illegality, as in cases of environmental crimes resulting from ignorance of environmental regulations.
When ordinary citizens find themselves involved in a criminal case
The current context shows that anyone can become a defendant or a victim of crime.
In digital scams, for example, someone may have their WhatsApp number cloned, see their image used in frauds, or be deceived in a case of “romance fraud” — and still face criminal proceedings before proving they were also a victim.
A frequent example involves online offenses, which can constitute crimes against honor — slander, defamation, and insult — when they cross the line of free expression. Impulsive comments or unfounded accusations on social networks can have serious criminal consequences.
In such scenarios, seeking qualified legal defense is essential to ensure a fair and efficient process and to take immediate measures to prevent unjustified blocking, public exposure, or misinterpretation of facts.
When victims are involved, specialized legal assistance is also indispensable.
The expansion of Criminal Law beyond the digital sphere: the case of environmental crimes
The reach of Criminal Law is not limited to the digital world. In the environmental field, it is equally significant, especially since Law No. 9.605/1998 — the so-called Environmental Crimes Law.
In many cases, legislators reproduced administrative infractions within criminal law, creating a phenomenon of “administrativization of Criminal Law.” The result is an overlap between administrative and criminal spheres, leading to the punishment of conduct without intent, without actual harm, or that could be resolved by less severe means.
This issue is central to debates on the criminal liability of legal entities for environmental crimes. Today, a company may be prosecuted and even convicted without any specific executive being held jointly responsible — a shift that expands the scope of criminal law and increases legal and reputational risks.
Routine situations such as operating with an expired environmental license are now treated as crimes, revealing an inversion of logic: what should be the exception has become the rule.
Occupational safety: new fronts of criminal liability
Another area where Criminal Law has expanded is occupational health and safety. When a serious workplace accident occurs, it is not uncommon for prosecutors to seek criminal accountability for managers, engineers, or directors for failing to prevent risks.
In these cases, the company may face civil liability, but it is the individuals with decision-making power who may face criminal proceedings — and even restrictions on their liberty.
The new profile of criminal subjects
Contemporary social relations are increasingly complex, and Criminal Law evolves alongside them.
The old image of the “criminal” as a clearly identifiable figure gives way to a more diffuse scenario, in which everyday actions or lapses in care can lead to liability.
Similarly, the concept of “victim” has expanded, encompassing both individuals and communities affected by global risks — such as environmental, cyber, or economic crimes.
Conclusion: awareness and professional guidance
Given the expansion of Criminal Law, it is important to understand that anyone can become involved in a criminal case, whether as a victim or as a defendant.
New social, technological, and environmental contexts increase risks and make the system of liability more complex.
Online offenses, impulsive sharing of content, expired environmental licenses, workplace accidents, or even being part of a corporate investigation are examples of situations that can lead to serious legal consequences.
Therefore, when facing suspicion, accusations, or potential criminal liability, seeking specialized legal counsel is the safest measure. Proper and swift legal action can prevent irreversible harm to one’s reputation, assets, and freedom.
