Pornografia de vingança: uma observação criminológica sobre violência de gênero

Abstract

Gender violence is a raw reality of the historical and cultural construction of the world of societies, based on patriarchy and the social control of women. In this sense, the vision of critical criminology and feminism function as epistemological matrices for reflecting on power relations, hierarchy and social stereotypes. Along these lines, revenge pornography, a type of gender violence, is presented as an increase in a crime usually committed by an ex-partner who, unhappy with the end of the relationship,

publishes intimate photos of his ex-partner without her consent out of revenge. The ex- partner, feeling ashamed, judged, guilty and without social support, suffers the violence

of the crime and other forms of so-called revictimization, whether by the informal or formal social control system. The perpetrator, when not “bragged about” and blamed, serves his sentence without even understanding or accepting that the act committed is worthy of social and legal devaluation. Given this lack of discussion on gender, the question was: how can revenge pornography be analyzed from a criminological perspective, especially criticism of the criminal justice system, and from the point of view of feminism, as a reinforcement of the struggle for criminal policies to protect victims of gender violence? In order to approach this question, methodological procedures of a theoretical, bibliographical and normative nature were sought. In the first chapter, we looked at the emergence of article 218-C of the Penal Code, which typifies the conduct studied, within criminal dogma, with criticism of the minimum formal and material errors from the point of view of the principle of legality, including the chapter in which it was inserted, as well as the classification of the offense. In the second chapter, we delved into the theoretical bases of criminology and feminist biases, observing the objectification of the female body and the lack of inclusion of the gender category in the debates surrounding revenge porn. Lastly, we turned to examining cases that reached the STJ, paying attention to how they were judged and the common points in the debates of the lack of the gender argument; as well as criminal policies as a means of social control of revenge pornography. In view of this, the hypothesis is that: the existing penal type is controversial in terms of its material and formal legitimacy; and that the punitive/repressive form alone is not enough to build a place in which to think about gender violence. Thus, it is imperative to study the subject because, although the women's struggle has already made great progress, there is a need for the continued strength of society and its institutions to build thoughts on gender education, reflecting on the fluidity of femininities, masculinities and their latent intersections. This is why it is necessary to include the discussion of gender in thinking about the various criminal policies, so that there is due criticism of the inequalities and violence suffered by women, providing a cognitive expansion of knowledge, considering that beyond the male phallus, there is the place of speech and gender experiences.