Revenge porn nos tribunais: revenge porn e a tutela estatal dos direitos das mulheres na seara digital

Abstract

The basic principle of human dignity, although constitutionally guaranteed,does not stop the reproduction of misogynistic practices that last and infiltrate all socialstructures. In that context, this dissertation investigates the crime of revenge porn - understood as the non consensual dissemination of intimate material - in its juridic andsociological perspective. As such, this paper seeks to comprehend the social context inwhich the crime is inserted, as well the modification provided by the Law 13.718/2018,passing by the international context and the concept of non material damage andpsychological violence. Analyzing the typification of the conduct, this paper searches todissect the structural elements, as well its reason of being, analyzing how revenge pornwas previously treated before the publication of the law.For that is delimited the figure of revenge porn victim, exploring thevictim-dogmatic concept in contraposition of gender standards, of culture andpatriarchal system. After the jurisprudence data gathering, we can verify if the judgesare conducting appropriate judgments and the reasonable fundamentation, or whethertheir progress in this matter still is limited.Finally, the central objective of this work is to bring to light how misogynyexpresses itself in this kind of crime, both in its conduct and way of treatment of thevictim toward the society and the court