Estupro virtual: (des) necessidade de tipificação pelo ordenamento jurídico brasileiro

• Autor(a) principal: Nolasco, João Miguel
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6179
• topic: Estupro virtual; Ciberespaço; Cibercrime

This study discusses the incidence and pragmatism of virtual rape. The general objective is to analyze the need for typification by the Brazilian legal system of virtual rape. The research, regarding the level was exploratory, regarding the procedure of collecting bibliographical and documentary data, and regarding the qualitative approach. The work is structured in five chapters: the first refers to the introductory part, launching from the research problem, the justification, the operational concepts and the objectives; the second chapter refers to digital evolution and the growth of virtual crime, from its inception to its impact today; the third chapter focuses exclusively on sexual violence the implications on the life of the victim; the fourth chapter returns to the rape itself, working both the general notions as well as qualified and hideous forms of the institute, bringing conceptualizations and positioning for the use or not of the institute in the world wide web; The final chapter is the conclusion, in which it will confirm or refute the research problem. The results, according to the data obtained, indicate that there is a distinct positioning, being the first and minority who believe in the virtual rape modality falling under articles 213 and 217-A of the Penal Code, while the majority positioning believes in the need for physical contact for configuration. In this way, the conclusion is in the sense of reinforcing the possibility of punishment of the crime of rape in the virtual modality, requiring only that there is embarrassment by serious threat to satisfaction of the libidinous act of the offender. But the new possibilities and studies that may possibly potentiate or refute the research presented here are not ignored.