Caiu na net: análise da criminalização da pornografia de revanche no direito brasileiro

Abstract

This work analyses the revenge porn phenomenon in Brazil. Initially, it started with a doctrinal study on the personality rights and the possibility of civil and criminal liability for those that transgress them. Later, begins an analysis of the revenge porn itself and, from a historical and sociological view, it is concluded that this conduct mostly victimizes women, who were in a relationship of affection with the offender, and may be classified as a modern form of gender violence. In addition, crime victims reports are presented to exemplify the devastating implications of non-consensual disclosure of erotic or sexual audiovisual material may result in a woman's life, such as social isolation and suicide. It is also rejected, by a criminological analysis, the risk-taking institute, decharacterizing the notorious victim-blame, and is associated with pornography revenge as a form of control and regulation arising from the supposed male superiority. Finally, a study on the criminal aspects of the crime is made and, therefore, is perpetrated a comparative study to determine the legal treatment that the practice in question to then assessing the application of the Brazilian legislation. At the end, there are listed the main projects of laws that aim to address the existing legislative gap in Brazilian land as the offense, specifically criminalizing such conduct. Through bibliographical research and case studies linked in the media, we sought to evaluate the rematch pornography beyond the criminal act itself, by studying the reasons why the offender commit that felony and the reason that this crime brings such devastating effects paras women.