REVENGE PORNOGRAPHY AND GENDER-BASED VIOLENCE

A ANALYSIS OF ARTICLE 218-C OF THE PENAL CODE AND ITS CORRELATION IN VICTIMIZATION PROCESSES

Abstract

The research was conducted with the aim of analyzing the issue of revenge pornography within the scope of gender violence, within the Brazilian legal context, in addition to explaining the correlation between the practice in question and revictimization in the criminal process scenario. Taking a multifaceted approach, existing gaps in the Brazilian legal framework were exposed, analyzing both the provisions of art. 218-c of the Penal Code and specific legislation, exploring the sociocultural roots that perpetuate such practice. The general objective of the research is to analyze the aspects that connect revenge pornography to gender-based violence and revictimization in the criminal process. To meet the specific objectives outlined, a comprehensive historical analysis of the practice of revenge pornography was carried out, highlighting its temporal evolution, also analyzing the theory of the provocative victim and its effects. The research is justified due to its legal and social relevance, due to the correlation between Revenge Porn and Gender Violence with the Penal Code and patriarchal perquisitions. The problem of the article originates from the following question: How does revenge pornography directly contribute to gender violence and consequently the so-called secondary victimization in the contemporary criminal process? The methodology used was bibliographical research, under a qualitative bias, and finally, descriptive research. The main authors used were Beauvoir (1967), Campos (2013), Scott (1995). It is concluded that the implementation of socio-legal measures is imperative and must incorporate improved legislative measures.