VIRTUAL RAPE AND THE MEANS OF PRODUCING EVIDENCE IN BRAZILIAN LEGISLATION

Abstract

The theme of this research is: Virtual rape and the means of producing evidence in Brazilian legislation. Given the technological advances and the emergence of new intersubjective relationships through social networks, there is now an urgent need for a new criminal type with the aim of covering this new social phenomenon provided by technology in the new networked society. The network has become an environment for crimes or behaviors that are not yet covered by Brazilian legislation and that can cause damage to various legal assets such as property, sexual dignity and honor. In this sense, the problem that is now being researched arises: What are the specific challenges in producing evidence for the validation of virtual rape in the Brazilian legal system? The general objective of the research is to analyze the challenges in producing evidence for the validation of virtual rape in the Brazilian legal system, as well as the specific objectives are: to contextualize what virtual rape is and its evolutions; to understand the legal and procedural mechanisms available and to analyze the means of producing digital evidence. This is a qualitative research approach and bibliographic and documentary research.