A criação de um tribunal de julgamento antecipado na internet: o cancelamento como a pena convencionada

Abstract

The present article aims to analyze the legal impacts due to the propagation of crimes of sexual violence involving celebrities on the virtual setting and the virtual cancellation as stablished sanction, in the light of the due process of law constitutional principles, contradictory and presumption of innocence. Therefore, it will be done a contextualization of the exposition in cases of sexual violence on the internet involving celebrities. Then, it will be analyzed the due process of law constitutional principles, presumption of innocence and contradictory and the right of honor. Lastly, it will be stablished an association of the virtual cancellation with the formation of an “internet court” as a kind of virtual lynching. The method to be used will be the dialectical, having the following problematic as starting point: does the exposition of cases of sexual violence involving celebrities on the internet represents an advancement under the perspective of women’s rights, or retrogression regarding the constitutional premises? About the results, was observed that the complaints made on the internet come from the state omission in guarding women’s rights. Although, the cacellation transgress the Rule of Law guarantees.