O crime de importunação sexual em ambientes virtuais: uma análise dos aspectos legais e das controvérsias interpretativas à luz de decisões judiciais da Comarca de Caicó/RN

Abstract

The introduction of the crime of sexual harassment by Law No. 13.718/2018, which is introduced in article 215-A of the Penal Code, represented a milestone in Brazilian criminal legislation by filling a regulatory gap that made it difficult to adequately punish criminal conduct of a sexual nature that did not properly fit into the criminal types provided for. However, the wording of the rule is the subject of discussions about its applicability in digital média, which results in theoretical and practical differences. In view of this, this article aims to discuss the feasibility and possible limits of the configuration of the crime of sexual harassment in the virtual sphere, through the analysis of judicial decisions handed down by the Judiciary of the State of Rio Grande do Norte, specifically by the 2nd and 3rd Judges of the District Court of Caicó/RN. To this end, an applied qualitative research methodology was used, with emphasis on bibliographical, legislative and jurisprudential research. The study revealed that the application of the criminal type in the virtual sphere, even in similar cases, still generates judicial controversy due to the lack of express permission or prohibition in the wording of the legal provision.The situation demonstrates the need for a more specialized standard, which should be made taking into account fundamental principles such as proportionality and efficiency