Non-consented exposure of intimate content from the perspective of the Brazilian judiciary

Abstract

The Judiciary Branch typically performs the jurisdictional function, resolving the dispute placed under its analysis without failing to respond to the claims of those who seek it. The challenges of contemporaneity demand from the magistrate a hermeneutic role more focused on social reality, such as the verification of the emergence of a new type of gender violence instituted by the use of the world wide web when the human beings start to have their intimacies exposed on the Internet of a way not consented. This study starts from the analysis of the decisions rendered by the Superior Court of Justice and by the Courts of Justice of the States, collecting jurisprudence on the respective websites from keywords that involved the subject under investigation, a fact that resulted in the meeting of 18 decisions rendered in the period from 2011 to April 2020. From the data obtained, it is possible to detect that most victims of exposure to intimate content not consented to on the Internet were women who had their intimacies exposed by ex-partners dissatisfied with the end of the relationship, a fact that characterizes gender violence according to the definitions of international organizations and other consistent studies on the subject.