The evolution each day more makes in them to come across with new realities and facts until then never lived by all. They are social, technological, cultural realities, amongst other examples, that with passing of the days assume new forms, new yearnings and certainly they generate new attitudes. The society is inserted in a process of constant search for perfectionings and easinesses, and this Saga as well as its results generates new ways of interaction between people, and as all relation human being, acting by means of such new ways of interaction it needs to be regulated so that it does not have the breaking of these Rights of outrem on the part of some and opportune and of course they come to arguir not the responsibility for its action, therefore this is not a foreseen attitude as illegal in the effective normative system. The Internet, for example, is a constant in any part of the world, and this magnificent and wonderful one media needs also regularizations that come finally certain abuses behaviors that in it they occur and if they spread out. Our current legislation, as for example the Constitution, date of the year of 1988 and as well as our Bigger Letter, the technological and social advance makes with that, many times, the laws as soon as appear already are outdated. Thus, the Internet suffered in the country a growth and exponentially great popularizao, what many never would imagine, distanciando itself thus and very, of some possibility of a sprouting of efficient rules of law that dealt with impedies about the practised torts in the way. The computers, the main link between the person and the virtual world, in Brazil had come if to popularize only in the way of the decade of 1990 and then only had beginning the process of diffusion of the Internet in our country.

In middle of years 80 up to 1988 the legislator never could, or if he could, generally he would have a minimum notion to foresee the giant popularizao of the Internet and its ominous side that would come to happen on the social collective. technological time, inside of a small secular lapse such order already will meet of some outdated form. However the reality goes beyond, and the society – capitalist, technological, in the search for markets, the hunted one for segments of potential customers not yet explored, in the dispute for the status of leader company of the branch, in the dispute for the ownership of that it brings> preparation Internet, union of people of the same sex, and many other omissive ones. As well as all, the legislator also is human, has its tasks, its culture, its options of life, and obviously the distant one is not endowed with capacity to foresee the future much less next. Thus, exactly not being able to affirm what he will aconter in some minutes, days or years, the legislator, looking for one better legal abrangncia, must practise of certain forms a legal Prophylaxis. I explain: Although not to have premonitions, it must this if inform about the technological events, specialists, connoisseurs and all form of information that puddle to enrich its knowledge and together with other professionals to be able to mensurar some possible and future tort that comes to be practised, thus acting, preventing that the evil comes after to be fought its installation in the social environment and vitual. Everything, clearly, observing the legality and guided by the Federal Constitution.