CRIMES AGAINST HONOR ON SOCIAL MEDIA

Abstract

This paper focuses on crimes against honor, as defined in Articles 138, 139, and 140 of the Penal Code, committed on social media. This topic was chosen due to the recurrence of such crimes in contemporary society. The purpose of this article is to examine cases heard by Brazilian courts on this subject, aiming to deconstruct the false idea that the internet represents a ruleless space, in addition to highlighting the need for the legal system to evolve through the creation of norms and legal instruments designed to protect the legal right of honor. To achieve this objective, a deductive and inductive methodological approach will be used, considering the provisions of current legislation, the majority of legal doctrine, as well as practical cases and jurisprudential understandings. Based on the reality of technological evolution and taking into account the existing legal framework, this article seeks to conduct a legal, doctrinal, and jurisprudential analysis to demonstrate the challenges arising from the ease of committing crimes in the virtual environment. The intention is to examine the occurrence of these crimes, particularly on social media, providing information and guidance on appropriate procedures to ensure the preservation of the right to honor. Regarding its organization, the article is structured in three chapters. The first is dedicated to the study of current legislation on the protection of honor, encompassing its provisions in the Penal Code, the Civil Code, the Federal Constitution, and specific regulations. The second chapter presents a historical overview of the evolution of the internet and the emergence of so-called Digital Law, as well as the emergence of criminal practices in the virtual environment. Finally, the third chapter provides an investigative analysis, presenting the positions of various legal scholars on the subject, highlighting judgments and decisions that held offenders accountable in the criminal and, especially, civil spheres.