Sob o olhar de todos: análise da criminalização da pornografia de vingança

Abstract

The insertion of the non-consensual disclosure of intimate images, popularized as revenge porn, in the article 218-C of the Penal Code was essential to provide a satisfactory legal response to victims in the face of the previous scene of legal uncertainty. However, questions have been raised as to whether this law is capable of adequately combating the crime. In light of this, the main purpose of this study is to analyse the criminalization of this behaviour in the Brazilian legislation,comparing with British and American legal models in order to observe the normative strategies used to counter this felony and the possibility to apply them in the national environment. The methodology consists of a bibliographical review, adopting the comparative method and the qualitative approach, with research of an applied and exploratory nature. As a result, it was identified that there is a considerable gap in victim protection in Brazilian criminal law, due to the absence of a normative definition of the terms “sex”, “nudity” and “pornography”, which are conceptualized according to the judge's personal vision. If the details of the case do not fit the magistrate's subjective criteria, this can lead to legal vulnerability for the victims. Therefore, it is vital to update the rule in order to make the legal text more precise, with the aim of guaranteeing appropriate protection for victims.