Que trema a violência, não a democracia: a tutela dos direitos das mulheres frente à violência política de gênero facilitada pelas redes sociais

Abstract

This research is developed within the Graduate Program in Law and Innovation, specifically in its Human Rights research line. The study focuses on hate speech disseminated through social media against women, with particular emphasis on women holding political office. It seeks to analyze how the justice system has addressed gender-based political violence facilitated by social media and how Digital Constitutionalism constitutes an important analytical framework for confronting hate disseminated online. The objectives of this research are to investigate the protection and safeguarding of women's fundamental rights in the virtual environment; to understand the role of digital platforms in the dissemination of gender-based hate speech; to examine whether the doctrine of Digital Constitutionalism is capable of ensuring the protection of rights in the online sphere; to assess the importance of the Protocol for Judging with a Gender Perspective within the contemporary justice system; and to analyze the response of justice system actors in the application of Law No. 14,192/2021. To achieve these objectives, the research adopts a methodological approach based on a bibliographic and literature review of the subject matter, interviews with female legislators who may or may not have invoked the Gender-Based Political Violence Law in legal proceedings, and a case study involving ongoing litigation.