Pornografia não consensual e a carência de tutelas jurídicas e emancipatórias de gênero

Abstract

The lack of legal and emancipatory gender protection is a brazilian legal reality evidenced by the phenomenon of non-consensual pornography, in the use of New Information and Communication Technologies as instrument. The cyber space, especially social networks have been catalysts of gender violence, by behaving as a space of transgression and dissemination of unapproved sexual intimacy. While observing this phenomenon arises the need to analyze the responses and legal proposals offered by the Brazilian legal and political system. However, the observation to be made exceeds the institutional limits of the State, since it requires an analysis of the psycho-social environment of the theme. Non-consensual pornography as a phenomenon precedes a look at its social constructions ranging from the construction of the genres, to the process of stigmatization, when the act of violation of sexual intimacy is consummated. It is necessary to reveal which are the structures that give legitimacy to this phenomenon, and what are their interference and aspects. For this, the research was based on a deductive approach based on a specific bibliographic review with a focus on gender, personality and sexuality construction. In addition, statistical data and real cases were used to support the conclusions. The main evidence is that the practice of non-consensual pornography has served as an instrument for the maintenance of gender-based violence, and that victims are not offered enough support in institutions and society. This results from the finding of specific legislative inefficiency, above all, of the socially rooted discriminatory order. It is relevant the production on the subject, once the recent object of study remains dynamic and favors openness to deepening and deconstructions, in search of dignity and autonomy - synonyms of emancipation.

The lack of legal and emancipatory gender protection is a brazilian legal reality evidenced by the phenomenon of non-consensual pornography, in the use of New Information and Communication Technologies as instrument. The cyber space, especially social networks have been catalysts of gender violence, by behaving as a space of transgression and dissemination of unapproved sexual intimacy. While observing this phenomenon arises the need to analyze the responses and legal proposals offered by the Brazilian legal and political system. However, the observation to be made exceeds the institutional limits of the State, since it requires an analysis of the psycho-social environment of the theme. Non-consensual pornography as a phenomenon precedes a look at its social constructions ranging from the construction of the genres, to the process of stigmatization, when the act of violation of sexual intimacy is consummated. It is necessary to reveal which are the structures that give legitimacy to this phenomenon, and what are their interference and aspects. For this, the research was based on a deductive approach based on a specific bibliographic review with a focus on gender, personality and sexuality construction. In addition, statistical data and real cases were used to support the conclusions. The main evidence is that the practice of non-consensual pornography has served as an instrument for the maintenance of gender-based violence, and that victims are not offered enough support in institutions and society. This results from the finding of specific legislative inefficiency, above all, of the socially rooted discriminatory order. It is relevant the production on the subject, once the recent object of study remains dynamic and favors openness to deepening and deconstructions, in search of dignity and autonomy - synonyms of emancipation.