REVENGE PORNOGRAPHY AS A VIOLATION OF PERSONALITY RIGHTS: A LEGAL-PHILOSOPHICAL ANALYSIS FROM THE PERSPECTIVE OF EXISTENTIAL SELF-DETERMINATION AND DIGITAL LAW

Abstract

This article sought to analyze revenge pornography as a violation of personality rights and existential self-determination, examining the treatment conferred by the Brazilian legal system in light of Digital Law and the gender perspective. A hypothetical-deductive method was adopted, with a qualitative approach and bibliographic and documentary research. The study traced the history of Digital Law and the main national normative frameworks, characterized revenge pornography as an expression of structural gender-based violence, and deepened the legal-philosophical analysis of personality rights under the Fichtian perspective of self-determination. The results indicate that, although the legal system has advanced with the criminal typification in art. 218-C of the Penal Code and with instruments such as the Maria da Penha Law and the LGPD, protection remains insufficient in practice, given the high rate of underreporting, the blaming of victims, and the irreversible damage to the mental health, honor, and dignity of affected women. It is concluded that effective legal protection requires not only legislative improvements, but also cultural and institutional transformations that reaffirm the ontological person as the foundation of the legal system.