The treatment of revenge pornography by the Brazilian legal system

Abstract

This article addresses the legal treatment given by the Brazilian legal system to revenge pornography, observing that it is a phenomenon that has increased statistically due to the technological advances and transformations in social relationships in recent times. The theme has its origin in the culturally entrenched differences about gender, in view of the patriarchal social structure. In the field of civil law, the damage suffered by the victims and the forms of compensation provided for are addressed. In particular, the pertinence in the recognition to the denominated existential damage or damage to the life project is analyzed, considering the seriousness of the consequences that, as a rule, affect the victims. In criminal law, recent legislative changes have been emphasized that have introduced specific criminal types into which pornographic revenge falls. However, one should not lose sight of the fact that Law is insufficient to solve or improve the problem addressed, as it is necessary to adopt preventive public policies, as well as allowing the insertion of women in society, under the condition of effective parity, in order to deconstruct the patriarchal culture, based on gender education, and other measures of interdisciplinary bias, with other branches of knowledge.