Estupro de vulneravél em sua modalidade virtual: uma análise jurídica acerca da sua possibilidade

Abstract

The topic in question refers to a type of crime committed in the virtual environment, which has developed alongside technological advancements and the growth of social media, facilitating and enabling new criminal behaviors. It is of utmost importance that the law keeps pace with the progress of the virtual world. In this context, it is essential to emphasize the right to protect children and adolescents and their vulnerability to this crime, given their status as individuals in development. Thus, this research has become a subject of discussion in the legal field and among jurists regarding the possibility of punishing the so-called "virtual rape." The primary objective is to bring visibility to this criminal behavior and present concrete cases judged as virtual rape. The study analyzes the need and possibility of proper legal typification to ensure appropriate punishment for this crime, which is increasingly prevalent due to the constant growth of social media, affecting both adults and children, who end up as victims. It also examines the impacts on victims caused by the omission of a specific criminal typology. The methodology used for this work includes bibliographic research, article studies, and literature review, combined with a qualitative approach. Virtual rape against vulnerable individuals can be committed without direct physical contact, as sexual dignity is not only violated by physical harm. This understanding has been affirmed by Brazil’s Superior Court of Justice (STJ) in Habeas Corpus Appeal No. 70.976/MS, which confirms this possibility. The absence of physical contact does not reduce the traumatic impact on the victim, who suffers significant harm to their dignity and sexual integrity, leading to severe psychological and emotional consequences. There has been extensive discussion in the legal world about the possibility of classifying this act as "virtual rape."