Violência sexual e vulnerabilidade: implicações jurídico-penais do pedido de nudes aos menores de 14 anos

Abstract

With technological advances and the advent of the internet, thousands of people have been able to connect and communicate instantly, making it easier for users to interact and share information. However, the development of the internet has also become a favorable environment for the commission of sexual crimes, especially against people in a more vulnerable position, such as children and adolescents. In this sense, the research proposal is to address sexual violence in the virtual environment, in particular to verify the legal and criminal implications of the conduct of asking a minor under 14 for nudes. Using a hypothetical-deductive approach, a monographic procedure, as well as bibliographical and documentary research techniques, it was concluded that, although sending nudes is considered a libidinous act, capable of affecting the victim's sexual dignity, the conduct of the agent and the sanction applied must be balanced, so that there is no absence or excess of punishment. Although the application of the provisions contained in the ECA is the most appropriate measure in cases involving nudes of children and adolescents, some situations would still go unpunished.