A (in) adequação da conduta da pornografia de vingança à luz do direito penal no Brasil.

Abstract

This monographic work deals with the theme "revenge pornography under Brazilian criminal law". Based on the most recent doctrine and legislation on this subject, it is intended to discuss whether the criminal provisions in force in Brazil would adequately regulate the practice of revenge pornography, whose conduct consists in divulging images, videos or intimate messages on the Internet, for the purpose of revenge. The choice of the topic was based on a need to regulate this new conduct more severely, since this practice is most often applied to the crime of defamation, where the agent causing the unlawful act ends up with a prison sentence of three months to a year, generating a simple criminal transaction where the agent only provides services to the community or pays certain amount to a charity. In addition, behind this behavior is the problem of gender violence that needs to be discussed, since the majority of victims of revenge pornography are female, showing the signs of a culture still predominant with machista actions, and essential creation of public policies so as to inhibit such conduct in society. To do so, the hypothetical-deductive approach will be used, this method seeks to test the hypotheses formulated to answer the research problems, and this hypothesis will be analyzed based on jurisprudential and doctrinal research, in order to be finally refuted or corroborated. Regarding the method of procedure, the bibliographic method will be used, based on material already published, such as doctrine, articles, periodicals, Internet, jurisprudence, etc.