A divulgação não consentida de conteúdo de cariz sexual ou íntimo na internet

: uma questão de insuficiência de tutela penal?

Abstract

This Dissertation aims to carry out an analysis of the legislative and jurisprudential reality of the non-consensual disclosure of sexual/intimate content on the internet. We believe that this is a current and relevant topic, considering the significant increase in cases that have been reported. Throughout this thesis, we will pursue a legal-constitutional framework, demonstrating the importance of the theme and justifying its integration into Criminal Law. Next, we will proceed with a legislative analysis, trying to understand which criminal rules we can fit this practice into. A brief jurisprudential analysis will also be presented, in which we will highlight the rules most applied by our Courts. After said analyses, we will highlight the various problems that we will were able to detect. Finally, the various Bills drawn up with the aim of strengthening the protection given to victims of this practice will be analyzed, and we will end the Dissertation with our own proposal. To conclude our study, we can say that it was possible for us to understand the contours of the problem we are faced with, highlighting the fact that there is a lack of consensus as to the legal interest that should be protected is, making it difficult to design a solution that is effectively protective of the victims. Despite this, we believe that the data presented and the proposed solutions could be a contribution to the ongoing discussion.

Date of Award	20 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria da Conceição Cunha (Supervisor)