ARTIFICIAL INTELLIGENCE AS A TOOL FOR THE PROPAGATION OF GENDER-BASED VIOLENCE: A LEGAL ANALYSIS OF DEEPFAKES IN LIGHT OF THE BRAZILIAN PENAL CODE

Resumen

Artificial intelligence has brought about significant transformations in the digital environment, while also being used as a tool for the commission of unlawful conduct, particularly through the use of deepfakes. This technology, which is capable of generating falsified audiovisual content with a high degree of realism, has been widely employed in the reproduction and dissemination of gender-based violence, disproportionately affecting women, especially through the creation and circulation of fraudulent intimate images and videos. The relevance of this topic stems from the exponential growth of these practices, as well as from the difficulties faced by the legal system in effectively keeping pace with the speed and complexity of technological advancements. This study aimed to analyze the adequacy of the Brazilian criminal law framework in addressing new forms of gender-based violence mediated by artificial intelligence technologies. Regarding the methodology, a qualitative, exploratory, and descriptive study was conducted through a narrative literature review and documentary research, including the analysis of scientific articles, legal scholarship, academic papers, legislation, and official documents concerning artificial intelligence, deepfakes, gender-based violence, and Brazilian criminal law. The analysis of the results demonstrates that, although legislative progress has been made toward combating non-consensual pornography, regulatory gaps still remain, hindering the effective criminal accountability of offenders and the comprehensive protection of victims. It is concluded that addressing gender-based violence intensified by artificial intelligence requires not only the modernization of the criminal justice system, but also the implementation of integrated public policies aimed at prevention, digital education, and the effective protection of women’s personality rights.