Pornografia de vingança: análise de um delito de gênero e sua abordagem no ordenamento jurídico brasileiro

Abstract

Electronic media have advanced considerably in recent years and the speed with which information can reach miles away is reflected in a fraction of a second. However, this benefit provided by the internet has brought with it disastrous consequences if interlinked the violation of the rights to privacy and privacy. Technological climates led to social changes, along with the growth of new forms of crime, highlighting pornography of revenge. As a result, this monographic work has as its general objective to address the phenomenon of pornography of revenge, as a clear form of violence against women, giving rise to the application of Law No. 11.340 / 2006. Therefore, the considerations of the work give an overview of what pornography of revenge, its motivational aspects, the way it occurs, as well as presents data, reports and records of cases occurred in Brazil and in the world able to attest that crime in question is nothing more than a new way of presenting gender violence. After analyzing the primary definitions, the paper proposes to approach the criminal legal system, its nuances, with regard to the framework of the crime, the gaps and efficacies of the existing punishments. The work became possible through the use of the deductive approach with the research carried out through studies and bibliographical analyzes, as well as indirect documentation and use of the historical-evolutionary procedure, as well as the exegetical legal method, with the central objective to demonstrate the theoretical, doctrinal and jurisprudential approach that surrounds the problematic, discussed here. The elaboration of this monograph imposes the observation that pornography of revenge is the result of a combination of historical and social factors, that cause the victim a moral degradation in the universe where it is inserted, it is in fact a gender violence and even if there is a new criminalization of offense its application in isolation is not sufficient to prevent, reprimand and inhibit future practices of the crime.