THE IN(EFFICACY) OF BRAZILIAN CRIMINAL LEGISLATION IN THE FIGHT AGAINST THE CRIME OF VIRTUAL RAPE

Abstract

The objective of this scientific article focuses on an approach to the ineffectiveness of Brazilian criminal legislation in combating the crime of virtual rape. In this line of thought, it is understood that the crime in question consists of the act of psychological coercion or serious threat to the detriment of the victim, committed in a virtual environment, without direct physical contact, with the intention of forcing the victim to perform or allow acts of a sexual nature, other than sexual intercourse. Although the crime of rape was inserted into the core of the Brazilian Penal Code through Law 12.015/09, scholars and scholars question its effectiveness in practice, mainly due to the difficulty in obtaining a set of evidence in this digital environment. Thus, although the law in question represents a great advance in combating crimes against sexual dignity, the following problem arises: is the current Brazilian criminal legislation effective in combating the crime of virtual rape at all levels? To present a hypothesis for the problem raised, it is understood that the aforementioned law will not always serve the purpose of protecting victims of the crime of virtual rape, nor will it comply with the elements to combat this conduct. In view of the entire study carried out, it is consistent with the position adopted by Brazilian doctrine and jurisprudence, that is, although criminal legislation covers the crime of virtual rape, a specific rule to address this issue is still needed. Furthermore, it is necessary to have public policies in favor of the protection of victims and their families, in accordance with the principle of human dignity, sexual dignity, legality and proportionality. Regarding the chosen methodology, it emphasizes that bibliographical, doctrinal and jurisprudential sources were used, and the theme is covered by qualitative research criteria and is predominantly theoretical.