Revenge porn como violência de gênero: uma análise das modalidades de reparação civil às vítimas à luz da legislação brasileira

Abstract

The present study aims to analyze the phenomenon of Revenge Porn as a typical gender violence, seeking to trace the molds as the national legal system approaches the theme. Thus, revenge porn is emphasized is not a recent type of violence against the female public, with the internet and constant interactions through social media a potentiator of conduct, damage, and, especially, violations of the rights of personality and dignity of the human person. With this, at first, the study in this case was concerned with presenting the numbers of the pornographic rematch and its historical context, as a means of emphasizing the importance of this discussion. Next, revenge porn was framed as an illicit act, because it is understood that the institute of civil liability is essential in confronting it, given the essential purpose of seeking due support and guardianship to victims. As well as, throughout the study, it was possible to verify that the activity of internet providers, which, in the vast majority, house sites intended exclusively for the conduct of the pornographic revenge of former partners, and also the privacy policies adopted by digital platforms, have a direct influence on the spread of content and the damage caused to victims. Finally, it was outlined how the phenomenon of revenge porn is addressed by the Brazilian legal system, bringing to the agenda the progress in the treatment of the matter. In this mainstay, analyzing the reflexes of criminalization in the civil treatment of the theme on screen and the influences of these changes in jurisprudential behavior. In the end, it is concluded that civil liability, in the face of the new challenges of the digital age, had to adapt, as well as the need to take alternative modalities of civil reparation to victims is evident. For the preparation of this article, we adopted the approach of the research technique through legislative and jurisprudential analysis, based on the hypothetical-deductive method, also using descriptive and explanatory research.