Violência contra a mulher no ciberespaço: uma análise do crime de divulgação de mídias íntimas sem consentimento: entre a proteção da vítima e a responsabilização penal do autor do delito

Abstract

This paper analyzes the crime of non-consensual disclosure of intimate media, defined in art. 218-C of the Penal Code, from the perspective of gender-based violence practiced in cyberspace. The main objective is to investigate the paradox between the full and immediate protection of the victim, which requires the swift removal of the content, and the need to preserve digital evidence for the effective criminal liability of the perpetrator. To this end, a qualitative research methodology of a bibliographic and documentary nature is used, with an analysis of the relevant legislation, specialized doctrines and the case law of Brazilian courts. The results demonstrate that, although the classification of the crime represents a fundamental legislative advance, its practical application faces structural challenges, such as the volatility of digital evidence, the complexity of the chain of custody, the low cooperation of digital platforms and the technical difficulty in definitively removing the content. However, there is a tendency in case law to relax the formal rigor of evidence, valuing the victim's word and other elements of conviction in favor of the search for justice. It is concluded that overcoming this scenario requires a multifaceted state response, articulating investment in training for justice system agents, from a gender perspective, with the adoption of new investigative technologies to ensure digital evidence is collected quickly and safely, ensuring that protecting the victim does not mean impunity for the aggressor. Furthermore, state action must transcend the purely repressive sphere, with the inclusion of aggressors in re-education programs.