A responsabilidade civil derivada do fenômeno da pornografia de vingança à luz do direito brasileiro

Abstract

The present study aims to expose the phenomenon denominated in Brazil as pornography of revenge, being the reflex behavior of the culture of violence against women existing in our country. In summary, the crime deals with the disclosure of intimate images of someone without their authorization, disclosed by the agent in order to vengefully target another person, in most cases, his former partner. At first, the study was dedicated to presenting the historical context in which this violence arises, serving as another instrument of control of the masculine over the feminine. It is evident that gender violence on the Internet is not outside the 'real world', on the contrary, these virtual spaces reproduce and reinforce all this discrimination. With regard to the damages caused to the physical and moral integrity of the victim resulting from such practice, the need for a civil remedy on a moral basis, in the face of all such damages, is the focus of the study. Because it is a contemporary issue that affects very personal rights, it is understood that they deserve a fair legal protection, in a comprehensive and effective way, aiming to safeguard human dignity, an absolute value in our legal system. As for the method of study adopted, it was based on research techniques, with doctrinal and monographic analyzes, using the deductive and phenomenological method to portray historical phenomena influencing the practice in question.