THE WITHDRAWAL INSTITUTE AND THE CRIME OF LIBEL COMMITED IN THE VIRTUAL ENVIRONMENT

Abstract

This article addresses the (in)effectiveness of the withdrawal institute in the crime of libel committed in the virtual environment. It sought to understand, from the perspective of the victim (defendant), the effects that the practice of libel in digital media causes in the lives of those who suffer from it, in an era characterized by 'internet judges' and cancel culture. In this sense, it sought to answer whether withdrawal, in the case of libel committed in a virtual environment, achieves its true objective: to restore the honor of the libelled individual. A scenario of legislative lag in criminal law was presented, which did not keep pace with technological evolution and its communication channels, especially the internet. This discrepancy creates disproportionality in addressing and preventing the studied offense. Thus, the aim was to bring to the debate whether the aggravation of the penalty is the sole means shown to be sufficient for the inhibition of crimes against honor committed in the virtual environment or if there are other social control mechanisms capable of respecting the subsidiary nature of Criminal Law.