Pornografia de vingança: a proteção da intimidade e a devida reparação

Abstract

The paper approaches the concept of revenge pornography, inserting it within the logic of civil responsibility. It maintains that, especially from the analysis of the rights of the personality and the Civil Framework of the Internet, it is possible to identify violations of the same generating a duty to repair. With the Civil Internet Framework, it is also possible to hold providers accountable. It brings the prospects of computer crime along with revenge pornography. It understands the idea of ​​the indispensability of the progress of the legislation, in order to make possible an appropriate legal protection for the cases of pornography of revenge. It is observed the insufficient punishment to the authors of this practice; the psychological damage generated in the victims, often more significant than the mere pecuniary benefit provided by the moral damages, and, finally, until then the non-specification of the illicit in the letter of the law. Therefore, the present work also analyzes the innovations of Law number 13.718 / 18 that typifies the crime in question.