O tratamento probatório nas ações ressarcitórias decorrentes de divulgação não consensual de imagens íntimas no processo civil brasileiro

Abstract

The Brazilian Civil Procedure is an important tool to realize rights constitutionally guaranteed. In some cases, however, the way that is envisaged make possible that the part experience a new pain when trying to reach a legal response for a first one; this is named by criminology as “over victimization” or “second victimization”, applied in their studies about police forces and criminal procedure. The aim of this work was to check if this was possible to happen in civil procedure when dealing with a suit of non consensual intimate images, specially during evidence production. The work has been concerned in balance the worries about over victimization with the right to defense of the opposite part, to not damage the equality in the procedure. It was therefore considered the dysfunctional gender relation prior the lawsuit and the reflections of it during the evidence production, like guilt-apportioning and unconnected sentences with the lawsuit’s object. The analyses were based in the typical evidences possible of being used in a law suit of that matter proposed by an adult woman. Established the possibility of over victimization, it reached for a way to eliminate or reduce it during the procedure, through reinterpretation of the evidence law institutes, highlighting the paper of each party in overcoming this situation.