A criminalização da pornografia infantil simulada no ordenamento jurídico brasileiro

Abstract

As the work result of the Federal Senate's Parliamentary Inquiry Committee on Pedophilia in 2008 it was edited the law nº 11.829/08, which modified the Child and Adolescent Statute and included new criminal species. One of them is the practice of simulated child pornography under the article 241-C. This rule, unlike the ones that address real child pornography, does not require the participation of child or adolescent in sexual or eroticized situation. Given the context, this research analyses if the criminalization of simulated child pornography in Brazilian Law is appropriate or not, in view of the need of minimalist intervention of the Criminal Law, which should be limited to the protection of the most important legal assets to society. In the first chapter, it dealt specifically with the criminal and criminological requirements to criminalize conducts. In the second one, analyzed simulated child pornography in general and its treatment under Brazilian Law. In the third one, investigated if simulated child pornography criminalization is appropriate or not, concluding that it should be decriminalized of Brazilian Law. For this purpose, it was used the literature and case law research.