RELIGIÃO E DIREITOS: REVENGE PORN PORNOGRAFIA DE VINGANÇA, VIOLÊNCIA CIBERNÉTICA CONTRA AS MULHERES

Abstract

It was noticed the existence of a worldview in Latin American society of male superiority and centrality. And, with that, in this research, we sought to identify the foundations of such ideology and the habits that permeated the sociocultural behaviors of individuals. It was understood that they are mainly due to the system of dualist-Augustinian-Neoplatonic ideas, articulated with the project of domination of native american people by Europeans. The point of this work was to understand in what extent gender violence is legitimized by Christianity and how the phenomenon of the non-consenting disclosure of the intimate image (revenge pornography) comes up against the pillars of underestimate of the body, in the domination of the other and in the myths of Judeo-Christian origin (where the woman is described as a bearer of evil and destabilizing order). Therefore, this work seeks to analyze the symbolic construction of the feminine gender in history, laws and judicial decisions and their links with religion to understand the demonization of women and symbolic violence against women. The construction of the collective imagination at the expense of the female gender ends up reinforcing the idea of male superiority and influences the characterization of misogyny in cyberculture. To research the influence of religious discourse on judicial decisions of the Courts of Justice of Minas Gerais, Espírito Santo and the Superior Court of Justice of Brazil, published between the years of 2007 and 2019, the following search criteria were used: revenge pornography, disclosure of intimate photos, disclosure of intimate videos, intimate vídeo and revenge porn. Using a prepared form by the researcher, it was possible to categorize the foundations of judicial decisions into “legal” and “non-legal”, as it was found that two judges had marks of religious discourse, evidencing hatches of centrality and male domination. That is, there was an unenforceability of the male gender, which was responsible for the conduct of non-consensual disclosure and, on the other hand, the enhancement of the female gender exposure that was revealed in the registration and sharing of nudity. The influence of religious moral discourse fosters decisionisms, violates state secularity, breaks with equality, plurality and diversity. The reproduction of religious discourse in a judicial decision weakens democratic bases, since it disseminates the endemic guilt of women for their bodies and their sexuality in an act of State. The repair of gender-based violence and, as a consequence, of gender inequality in Brazilian society, cuts across the need for education, discussion and implementation of public policies that foster female social emancipation, the neglect of the dualist-Augustinian view and the spirit domination of the other.