Crimes cibernéticos contra a mulher: análise da (in)eficácia legislativa e abordagem jurídica sobre a conduta conhecida como pornografia de vingança

Abstract

The digital age has brought several transformations in society, with the formation of a virtual community, since almost everyone has access to the internet and uses social networks, due to the ease of using the internet and acquiring telematics devices, making virtual sex crimes against women a reality. Violence against women has occurred since the dawn of humanity, and has expanded to the digital media. It is difficult for the law to keep up with the digital revolutions, as well as to locate and punish virtual criminals, in view of the speed with which virtual crimes are prescribed, in addition to the obstacles to locating the criminals, as well as the issues of territorial jurisdiction, since the criminal can be anywhere in the world. In view of these difficulties, criminals are safer to act, also in virtual sex crimes against women, such as revenge pornography. Therefore, a pure bibliographical research was carried out, with an exploratory purpose, besides a descriptive one, with a qualitative approach, about the sexual cybercrimes against women, being studied about the protective constitutional principles to the women's rights, explaining the principle of human dignity and its protection to the rights to honor, privacy, intimacy and image. A study was also conducted to analyze the effectiveness or ineffectiveness of the criminal legislation against cybercrimes that affect women, studying several infra-constitutional laws pertinent to the theme. Moreover, gender violence, sexual violence in virtual crimes against women, real cases of the consequences that this crime can bring to women, and the effectiveness of infra-constitutional laws in order to curb the crime under study will be addressed. It is concluded that violence against women on the internet is a reality, occurring through the non-consented disclosure of intimate content, sometimes real and sometimes edited or assembled, of women, through revenge pornography or through the illicit obtaining of this content by hackers. The current legislation is good, representing a great advance in the protection against women, but it is still not enough to curb this type of crime, since the existing penalties for criminals are very low compared to the consequences of the crime for the victims. Furthermore, there is no way to permanently remove the content unduly exposed on the Internet, which causes losses throughout the victims' lives. It is necessary to adopt public policies of awareness in order to curb the practice of virtual crimes against women, reducing the sharing and sending of this type of violent content.