A possibilidade jurídica da aplicação da Lei Maria da Penha nos casos de revenge porn

Abstract

The present piece addresses the issue of revenge porn as a way of gender violence and also domestic and familiar violence, having as presumes the application of Maria da Penha Law upon the illicit. An analysis was made about the social landscape where patriarchalism rules the land for the ascension of gender violence, coming to the current revenge porn as one of its ways. It was brought emphasis on the recent legislative changes which introduced this criminal behavior and the analysis of the judicial treatment, by Brazilian Judiciary, to concrete cases of revenge porn. It is intended to show that the contemporary typification ends up downwards the felony and its consequences. It is not far from view that the woman finds herself still in a vulnerability space in detriment of the feeling of power by man upon her, meaning that he could dictate, with the illicit’s practice, as the society will see her, whether related to her intimate image or through the offense of her honor and dignity. The intention is to question the pretense protection given by the new criminal type towards the female vulnerabilities, specially those involving their sexual freedom, and to appoint the review of the matter showing the requisites to the application of the Maria da Penha Law on the cases of revenge porn.