O COMBATE À PORNOGRAFIA INFANTIL NO MUNDO VIRTUAL – MECANISMOS DE DEFESA: UMA ANÁLISE A PARTIR DA DOUTRINA DA PROTEÇÃO INTEGRAL

Abstract

This paper analyzes the issue of child pornography in the virtual environment in light of the Comprehensive Protection Doctrine, established in the 1988 Federal Constitution and consolidated by the Child and Adolescent Statute. The bibliographic and documentary research is based on an understanding of cybercrimes and the specific challenges of online child pornography, highlighting its ease of dissemination, anonymity, and the difficulty in holding perpetrators accountable. Emblematic cases and statistical data are presented that demonstrate the severity of the problem in Brazil, highlighting the fragility of state responses in the face of rapid technological innovation. The study explores the historical evolution of the recognition of children as subjects of rights, the classification of child pornography in the ECA (Arts. 240 to 241-E), and the impacts of national legislation, such as Law No. 12,965/2014 and Law No. 13,431/2017. Brazilian legislation, to a large extent, acts in a repressive manner, aimed at punishing conduct that has already been committed, lacking preventive instruments capable of avoiding violations. In this scenario, the Doctrine of Comprehensive Protection presents itself as an essential interpretative and normative axis.