O tratamento jurídico da pornografia de vingança no Brasil

Abstract

Due to the development of new technologies, the tools for capturing, disseminating and storing images have multiplied. Thus, the personality rights, especially image and privacy, become more vulnerable on the network. Cases of intimate image disclosure on the Internet are increasingly common, which can cause great harm to the dignity of the person portrayed. The subject of revenge porn fits into this context. This practice occurs when intimate images (with nudity or sexual act) that have been recorded or sent in a context of trust and confidentiality are disclosed without the victim's consent. Given the above, the present article intends, from a civil-constitutional reading, to verify how the Brazilian Courts treat the subject, and analyze the mechanisms of protection of these rights, using the Brazilian Civil Rights Framework for the Internet and/or the criminal classification of conduct and how the internet provider is responsibilized. Finally, it is concluded that the injury to the right to image independent of injury to the honor. In this way, the unjustified or unauthorized use of the image is enough to give the victim the right to receive compensation for the moral damage suffered.