A pornografia de vingança e os seus fundamentos histórico-sociais

Abstract

This work aims to carry out an analysis from a feminist perspective on the historical and social factors related to the practice of revenge pornography, discussing which are the main discriminatory aspects of society that contribute to women being the most affected victims. Furthermore, it is shown that the central purpose of the dissemination of intimate images carried out by a former partner is to achieve the moral and psychological integrity of the victim, such purpose is easily achieved, since society is still conservative and demands a posture from women predetermined modesty. It is also observed that, traditionally, women are assigned the burden of their own violence, and this also occurs in cases of revenge pornography, since at least to some degree, the victim is blamed for sharing the content. Based on this reality, the legislative treatment directed at women over time is addressed, within Brazilian criminal law and how it influenced the establishment of stereotypes, prejudices, discriminations and hierarchies. Finally, an analysis of the penal type of article 218-C, recently included in the Brazilian Penal Code, is carried out, discussing its limitations and its efficiency in repressing the crime of unauthorized pornographic exposure. Thus, it is concluded that the virtual media reproduce socially constructed sexist attitudes, and despite revenge pornography being a recent phenomenon, it constitutes one more way to subjugate women, and has primitive foundations. Thus, the criminal law alone is not enough to suppress the conduct, since the victim continues to suffer the effects before the patriarchal society, even after its criminalization.