A pornografia infantil à luz da proteção integral: riscos no ciberespaço durante a pandemia de covid-19

Abstract

The popularization of the internet has transformed the way human relationships occur, enhancing risks that already existed and enabling the emergence of new, typical of the virtual environment. In this context, during the COVID-19 pandemic, the use of technologies by the general public, including children and adolescents, became more recurrent, due to social isolation, exposing children and adolescents to a greater degree to sexual risks on cyberspace. In the quest to guarantee the rights of children and adolescents, the Federal Constitution of 1988 enshrined, in its article 227, the doctrine of full protection, which promises the status of subject of law to infants, prioritizing and protecting it through joint action of the State, society and family. In this bias, considering the growth of complaints related to child pornography, it is essential to study the application of the doctrine in full protection in the fight against this cybercrime. To develop the research, the deductive method of approach and the method of historical and monographic procedure were adopted. As a general objective, the historical-jurisdictional treatment carried out by the Superior Tribunal de Justiça in cases of child pornography during the COVID-19 pandemic will be investigated. In relation to the specific objectives, we initially seek to understand the historical evolution of the country's legislation on child pornography and the full protection of children and adolescents. In a second moment, it is intended to conceptualize the doctrine of integral protection, relating it to the sexual risks of cyberspace, which were aggravated during the pandemic. Afterwards, in order to verify the application of the doctrine studied in cases of child pornography, an analysis of seven cases judged by the Superior Tribunal de Justiça, judged during the pandemic, will be carried out, verifying whether the jurisdictional response is adequate to the doctrine of integral protection. Finally, the recommendations of Comment number 25 of the United Nations Organizations will be indicated, on the new responsibilities of the three actors of integral protection - State, family and society - in relation to child pornography and recent technological advances, driven by the health crisis International. In the end, it is concluded that, despite the importance of the doctrine of full protection in guaranteeing the rights of children and adolescents, its actors have not effectively fought child pornography, emphasizing that the application of the doctrine, in cases judged by the Superior Tribunal de Justiça during the pandemic, was insufficient and superficial. Moreover, it is necessary to adapt the State, the family and society to the recommendations of Comment number 25 of United Nations Organizations.