Simulação de sexo infantojuvenil na pornografia convencional: uma análise de conteúdo

Abstract

The Constitution covers the theory of integral protection of children and adolescents. For this work, Art. 241-C of the Statute of Children and Adolescents, which aimed to criminalize content that simulates or intends to associate the participation of children and adolescents in scenes of explicit or pornographic sex through any form of editing, montage or visual representation. However, the law only deals with editing that contains children and not other forms of expression, such as drawing and pornography with adults who appear younger. It remains to be seen if there is evidence of child and adolescent sex simulation in pornographic videos, does the current legal system have instruments to deal with the type? This work carried out a content analysis within the Pornhub website, more specifically in the “best porn videos in Brazil” category, identifying the incidence of terms referring to minors and the construction of images. Within this category, a sample of 252 videos was taken with a representative reliability of 95% for the analysis of incidence of terms. Within this analysis, the most recurrent terms and those that mention minors were identified. Then, an analysis of the textual corpus was carried out: video image, which together with the text analysis identified the existence of the simulation of children's sex. In this sense, the work sought to expand the dimensions of pornographic content protection, discussing territorial implications and the use of the term of conduct adjustment as alternative means of resolution. This analysis was carried out through the conduct of Operação Carrossel and CONAR. The work identified the existence of sex simulation with children and adolescents through young women and appealing statements. There is a reproduction of gender inequality and the violation of rights. As a result, the impossibility of applying art. 218-C of the Penal Code and 241-C of the ECA, leaving a legal gap, which could be covered with the enactment of legislative decree No. extensive definition of child sex. It was also observed the civil alternatives such as the TAC, collective action and the restriction of the scope of the site that already present a certain degree of effectiveness and must precede the repressive means (ultima ratio), the civil alternatives must also benefit from the enactment of the convention, becoming faster. Currently, the administrative route has no instruments to address the issue.