A criminalização da pornografia da vingança

uma análise sob o viés da vitimologia

Abstract

The present work sought to demonstrate the ineffectiveness of Criminal Law in relation to the practice of revenge porn, starting with the study of three negative points, namely: the purposes of penalties, as presented in chapter 1, the ineffectiveness of incarceration and the victim's forgetfulness by the State/Law, according to topic 1.1. Next, topic 1.2, Bill No. 3485 of 2020 was presented, where the legislator simply aims to increase the penalty. Afterwards, a study was carried out on the importance of the victim in the resolution of criminal conflicts (Chapter 2), considering that this remains forgotten by the Law/State. Some judgments of the Brazilian courts were raised on revenge porn cases, demonstrating not only the alleged culpability of the victim, but also the path and difficulty to reach the compensation quantum (Chapter 3), as well as some real cases of victims of the revenge pornography (Chapter 3.1). Finally, this study offered as final considerations (Chapter 4) the proposed abolitio criminis, given the ineffectiveness of the criminal sphere in these cases, and the compensation in the civil sphere, seeking compensation for the victim, which is not possible in the Criminal Law. Thus, it is evident that a bibliographic research was carried out with quantitative data, taking into account the survey of some works that discuss the topic addressed, as well as the study of a prison in Rio de Janeiro and also the various reports of offended by conduct.