ANÁLISE DA LEI Nº 12.737/2012 (“LEI CAROLINA DIECKMANN”) E SEUS REFLEXOS NA PROTEÇÃO DA INTIMIDADE SEXUAL

Abstract

This paper analyzes Law No. 12,737/2012 ("Carolina Dieckmann Law"), which, although representing a milestone in the criminalization of conduct in the virtual environment, presents limited effectiveness and insufficient sanctions concerning the new dynamics of violations of intimacy and private life. Against this backdrop, the issue of disproportionate penalties and the state's fragility in curbing unconsented intimate exposure arises. Thus, the objective of this article is to analyze the effectiveness of the sanctions provided in Brazilian cybercrime legislation, focusing on the protection of human dignity and the mitigation of damages suffered by victims. The research adopts a qualitative and bibliographic methodology, grounded in the dialectical method and content analysis techniques. The methodological approach includes a review of legal frameworks, such as the Marco Civil da Internet and the General Data Protection Law (LGPD), as well as an examination of legal doctrine and recent jurisprudence from the Superior Court of Justice. The results indicate that, despite normative advances in the criminalization of the unauthorized disclosure of intimate scenes, a severe practical gap persists. It was identified that the resistance of digital platforms to cooperate, the difficulties in preserving evidence, and institutional revictimization hinder the application of penalties and the prompt removal of content. The conclusion drawn is that current legal protection is still fragile and insufficient, demanding a more rigorous articulation between the civil and criminal spheres.