Crimes virtuais e novas modalidades de violência de gênero contra a mulher: a divulgação não consentida de imagens íntimas na internet

Abstract

This article aims at analyzing the practice of sharing non-consensual intimate images on the internet, seeking to characterize it as gender violence against women, investigating the connection between the criminal justice system and the female portion of the society, and scrutinizing the ability of that system to combat such violations effectively. Therefore, it studies gender as a historic construct, which possesses a superior meaning rather than the mere biological distinction from men and its implications in relations of power, investigating the implications of gender based relations in the treatment given to women by the criminal justice system. The conduct related to the sharing of intimate images on the internet without consent, setting them apart, as well as analyzing the law 13,718/2018, which criminalizes such practices, changing the Brazilian criminal code is researched. Lastly, it analyzes the non-consensual distribution from the perspective of gender violence against women, in order to identify it as such. It concludes that gender based relations work as support and legitimization of oppression and female exploitation, including it in the criminal field, once the criminal execution system promotes duplicity of female victimization instead of the intended protection. The classification of such practices is another example of symbolic legislation, elaborated with neglect to meet public demand. Conclusively, the spread of non-consensual intimate images online shows a new type of gender violence against women, under severe substantial consequences fostered in female reality, concluding that the criminalization of such practice is not the indicated alternative to oppose those aggressions.