OS DESAFIOS NO COMBATE À PORNOGRAFIA INFANTIL COM O USO DA INTELIGÊNCIA ARTIFICIAL: UM ESTUDO SOBRE A NECESSIDADE DE TIPIFICAÇÃO DE IMAGENS REALISTAS NO CONTEXTO BRASILEIRO

Abstract

The present research addresses the protection of children and adolescents in the digital environment within the Brazilian context, focusing on the ethical, moral, and legal implications of Artificial Intelligence (AI) in generating images of child exploitation. Using Miguel Reale's three-dimensional theory as a foundation, the study explores the three fundamental axes for the regulation of human behavior: ethics, guiding institutions and professionals to act in favor of minors; morality, representing the cultural substrate that promotes the protection of youth; and law, providing a legal framework for such protection. The research was catalyzed by alarming data from the SaferNet organization, indicating a 70% increase in reports of online child sexual abuse in the first four months of 2023, compared to the same period the previous year. The work also delves into the complexity of monitoring and regulating AI-generated images simulating child exploitation, but not involving a "real victim," presenting unique ethical and legal challenges such as the normalization of predatory behavior and the difficulty in distinguishing between real and artificial images. The study examines the alignment of Brazilian legislation with international standards, especially after the ratification of the Budapest Treaty in March 2023, and identifies gaps that require revision to address the emerging challenges of technology. The work underscores the urgent need to update Brazilian legislation to address challenges posed by AI in online child exploitation and suggests penalizing the conduct as a way to uphold the 1988 Federal Constitution to comply with and the Budapest Treaty, which the country signed and internalized in March 2023.