LEGAL TREATMENT OF BRAZILIAN LEGISLATION REGARDING REVENGE PORN

Abstract

The phenomenon known internationally as revenge porn, in Brazil called "revenge pornography", refers to the non-consensual dissemination of photos or videos with sexual content with the aim of damaging the victim's image as a form of revenge. Given this scenario, this study sought to examine how Brazilian legislation addresses "revenge pornography" or revenge porn. The methodology involved a bibliographic review, based on scientific articles, books and current legislation on the subject. Data collection was carried out between 2019 and 2024 in databases such as CAPES, SciELO and Google Scholar, among others. The results indicate that Brazilian authors have pointed out legal provisions to protect victims, including Article 5 of the 1988 Federal Constitution, which guarantees the right to inviolability of privacy. In the Penal Code, Article 139 (insult) and Article 140 (defamation) are used in trials of this type of crime, in addition to Article 7 of Law 11,340/2006 (Maria da Penha Law), which protects against domestic and family violence. Also mentioned is Law 12,965/2014, the Internet Civil Rights Framework, which guarantees victims the right to request the removal of intimate content directly from the responsible websites; if notified, these websites are required to make the material unavailable, under penalty of being held liable for the dissemination. Finally, Law 13,718/2018 stands out, which includes crimes against sexual dignity, typifying the crime of sexual harassment and the dissemination of rape scenes, expanding protection for victims in this context.