Data Protection as a Fundamental Right of Women Victims of Digital Violence: Legal-Constitutional and Intersectional Analysis

Authors

  • Luciana Sabbatine Neves PRÓVITIMA
  • Fernanda Beatriz Monteiro Paes Gouvêa Barutti de Oliveira

DOI:

https://doi.org/10.58725/rivjr.v3i3.149

Keywords:

Data protection, Digital violence, Fundamental Rights and Guarantees, Intersectionality, Constitutionalism

Abstract

Abstract: Digital violence against women and girls constitutes a multidimensional violation of fundamental rights, requiring a biopsychosocial and legal analysis that articulates personal data protection, constitutional guarantees, and the intersections of gender, race, and class. This article examines data protection as a fundamental right in the context of digital violence against women and girls, from the perspective of contemporary constitutionalism and intersectional theory. Drawing on frameworks such as the General Data Protection Law (LGPD), the 1988 Federal Constitution, and the studies of Kimberlé Crenshaw, the article seeks to demonstrate how the absence of effective protection mechanisms can exacerbate the vulnerability of women and girls exposed to cyberattacks. The article concludes that an expansive constitutional interpretation that incorporates the intersectional dimension into data protection regulation is necessary.

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Published

2025-12-24

Issue

Vol. 3 No. 3 (2025)

Section

Artigos

License

Copyright (c) 2025 International Journal of Victimology and Restorative Justice

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