Estupro virtual no ciberespaço: uma análise jurídica com base no ordenamento pátrio.

Abstract

This research has as its title: "Virtual rape in cyberspace: a legal analysis based on the national order". It is a problem to understand how the crime of virtual rape occurs in cyberspace and what its effects are in the national legal system. The hypothesis presented is that virtual rape is in accordance with the modifications proposed by Law no..12.015/2009, thus configuring itself as a variation of the crime of rape, and therefore must be typified in the light of criminal law. The general objective is to analyze the crime of virtual rape that occurs in cyberspace and its reflections in the national legal system. In turn, its specific objectives are to correlate the typification of rape arranged in the article. 213 cp/40 with new practices of crimes originating in cyberspace (called virtual rape); address the aspects arising from cybercrime in the light of the analytical concept of crime, exposing its various non-harmonised characterizations about crimes in the virtual sphere; discuss the crime of virtual rape within the context of cyberspace and its feasibility and legal consequences when legal collusion within virtual spaces. Throughout the research, we opted for the method of deductive approach. Regarding the method of procedure, the comparative history is used and the way of approach to the problem is qualitative. As for nature this research is applied. In relation to the general objectives, this is exploratory and descriptive in nature. As for the technical procedure, it has a bibliographic-documentary character, considering that it was elaborated from books, laws, internet, journal articles and dissertations, based on the normative study and on the judgments alrelated to the theme. Structurally, the monograph is divided into three chapters. In the first, we approach the historical context of the media, with emphasis on those developed from the origin of the Internet, discussing the creation of cyberspace and its consequences. In addition, to deal with how the internet can be used to carry out crimes called cybernetics. In the second, we discuss the crime of rape, portraying how this conduct was defined and punished throughout history. Therefore, the defining characteristics of the current concept and typification of the reported unlawful conduct are described, based on the modifications provided by Law nº. 12. 015/2009. Finally, in the third, the concept and configuration of the crime of virtual rape is based on the concept and configuration of the crime of virtual rape, in addition to demonstrating the legal feasibility of this illegal act in the national legal system.