A tutela da intimidade e os casos de pornografia não consensual

Abstract

This work aims to contribute to the current debate about the Right to Intimacy in the criminal legal framework, through three distinct questions. First, it enquires if the Brazilian Criminal Law comprises Fundamental Rights’ systemic protection trough the concept of Criminal Legal Goods and if this concept is able to establish a dialogue with the protection of Human Rights and Fundamental Guarantees system established by the 1988’s Constitution of the Federative Republic of Brazil, specifically, the judicial protection of intimacy and privacy in modern social relationships. The second inquiry scoops out a problem that has been frequently increasing in current society, the sharing of intimate images without proper consent. The core of this question is to analyze the limits of protection and usage of the Right to Intimacy, to ensure that the holder of such rights can use them with maximum possible liberty and minimal state repression on individual liberty. Lastly, this work aims to enquire if the current legislative movements in Brazil and worldwide can guarantee suitable protection of the Right to Intimacy. Setting out from the analysis of the Proportionality Principle, it aims to study the limitations and needs of a Criminal Law, to avoid the development of a maximum Criminal Right.