Inappropriate images in the learning environment
According to Law 13.718/2018: Disclosing a nude photo, video or sex scene became a crime in the Brazilian Penal Code.
The law is a protection of the right to privacy and dignity of the human person.
Any of the items mentioned in article 218-C became a crime and any sharing will be the user's full responsibility for disclosing it.
‘’Art. 218-C. Offer, exchange, make available, transmit, sell or display for sale, distribute, publish or disseminate, by any means - including through mass communication or computer or telematics system -, photography, video or other audiovisual record that contains a scene of rape or rape of a vulnerable person or that makes an apology or induces its practice, or, without the consent of the victim, sex, nudity or pornography: Penalty - imprisonment, from 1 (one) to 5 (five) years, if the fact does not constitute a more serious crime".
The fact that the person discloses/shares rape scenes, that makes apologies for this practice, as well as the fact of passing on photos or videos of sex, nudity or pornography scenes, became a crime. This sharing of nude images will only be a crime when there is no consent from the person.
The fact of receiving, for example, an image or video containing the above content on your cell phone will not configure the crime in question, but the fact of sharing it.
Finally, there is an increase in the penalty for this crime, if the agent who passes on the image maintains or maintained an intimate relationship of affection with the person in the disclosed photo or video. It is what is called "Revenge porn" (revenge/revenge pornography), a practice that unfortunately occurs at the end of the relationship, not satisfied with it, discloses, as a way to punish your ex-partner, photographs or images in which she appears naked or in sex scenes.
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