Estupro virtual: desafios para a tutela penal da dignidade sexual de crianças e adolescentes no ambiente digital

Abstract

With the emergence of the internet and technological advances, the virtual environment has become a stage for sexual crimes against children and adolescents. This study's central objective is to analyze how Brazilian criminal law and the justice system have dealt with the complexity of digital sexual violence, particularly the crime of virtual rape against children and adolescents. The research is guided by the hypothesis that, despite the well-established comprehensive protection provided by the legal system, the particularities of the virtual environment pose theoretical and practical difficulties that compromise the effectiveness of criminal protection. The methodology adopted includes an in-depth analysis of legislation, doctrine, and case law, as well as the investigation of emblematic cases and public policies to address them. The research is structured along three axes. The first section investigates age related vulnerability in cyberspace, starting with an analysis of who criminal law treats as vulnerable, moving on to an exploration of the principle of comprehensive protection as fundamental to the protection of children and adolescents. It highlights that the vulnerability of children and adolescents in cyberspace is exacerbated by exposure to adult behavior and the anonymity the internet provides to aggressors, and concludes with the variety of cybercrimes that victimize this population. The second section analyzes the concept of virtual rape committed against children and adolescents, beginning with an in-depth understanding of the dogmatics of the criminal types of rape and rape of vulnerable people, followed by their interpretation within the digital environment. It reveals that traditional concepts of rape, based on physical violence and direct contact, do not fully adapt to the dynamics of virtual rape, manifested through psychological and moral coercion. It then explores sextortion as an emblematic modus operandi for the practice of virtual rape, using the threat of exposure of intimate content to coerce victims, especially children and adolescents, into sexual acts. The third axis examines the justice system's response, demonstrating that the Superior Court of Justice (STJ) case law reflects the lack of a unified understanding on the topic. This highlights the importance of legislative initiatives, including bills seeking to define the crime, and public policies for prevention, education, and enforcement. The research concludes by confirming the initial hypothesis that the effectiveness of protecting the sexual dignity of children and adolescents in the digital environment will depend on a systemic and integrated approach. The State's response cannot be limited to the creation of specific laws, but must include joint efforts to improve police performance, regulate digital platforms, and conduct information campaigns, ensuring that comprehensive protection becomes a reality for children and youth in Brazil.