The Child and Adolescent Protection Department (DPCA) is investigating whether the leak of fake nudes of students at Colégio Santo Agostinho (CSA), in Barra da Tijuca, West Zone of Rio, also resulted in victims at other schools. The other teenagers were friends of the students at the unit and their families also contacted the police. The investigation investigates whether the CSA students violated article 241 of the Child and Adolescent Statute, which prohibits “simulating the participation of a child or adolescent in an explicit or pornographic sex scene by means of tampering, assembling or modifying a photograph, video or any another form of visual representation”.
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The crime provides for a prison sentence of 1 to 3 years and a fine if committed by people over 18 years of age. However, so far those investigated are teenagers and minors, as are the victims. The investigation finds out whether the teenagers used different chat platforms to share the images, generated by Artificial Intelligence.
At least 25 families of victims contacted the Civil Police to report the case. The mother of one of the students told GLOBO that one of the students who would be responsible for publishing the images said he would not be punished “because he is white and rich.”
DPCA chief delegate Marcus Vinícius Braga said that the investigation has progressed and will be investigated rigorously. Next week, those responsible for the school and some parents of victims of the false leak will be interviewed.
— It is a serious fact that will be investigated with utmost rigor. We are listening to everyone involved. The investigations are taking place and next week those responsible for the school will be interviewed – she said.
Secretary of the National Commission for the Defense of the Rights of Children and Adolescents, Carlos Kremer explains that, unlike the Penal Code, the law does not regulate the exact punishment for infractions committed by minors. Without analyzing a specific case, he says that the ECA provides for several socio-educational measures for offenders, from a warning to imprisonment for up to three years.
— After a process with extensive defense, minors are subject to socio-educational measures. And the judge will establish what it will be. Hospitalization is the most serious of all. So, it is applied when there is violence or serious threat. Apart from these hypotheses, the judge can establish a measure or more accumulated measures – says the lawyer.
The law that established the National Socio-Educational Service System (Sinase) defines that cases of assisted freedom, semi-freedom and hospitalization must be reevaluated every six months, at most. Kremer also explains that the term violence in the ECA is initially related to physical issues, but that other interpretations are possible.
In 2017, a system was created to guarantee the rights of children and adolescents who are victims or witnesses of violence and includes physical, psychological, sexual, institutional and property-related types of violence. When defining cases of sexual violence, the legislation emphasizes that “any conduct that embarrasses a child or adolescent (…) including exposure of the body in a photo or video electronically is a crime”.
A statement sent by the school to parents and guardians says that the management expressed solidarity with the students and families of the victims and said it was aware of the episodes that “frighten and disappoint”. The note signed by director Frei Nicolás Luis Caballero Peralta also says that the school will take “disciplinary measures for the facts committed, under school supervision” and asks for the understanding of everyone involved “as carrying out the services takes time and we cannot make hasty decisions” .
In its position, the school management emphasizes that it operates in a “preventive scope, promoting awareness of attitudes and values, training in matters linked to relationships, coexistence and violence”. Caballero also asks for “the partnership of families in closely monitoring the virtual lives of teenagers and young people”.
“It is necessary to reassure your children, not allowing the case to become even bigger and more situations of conflict and disrespect to spread”, concludes the management.
What Saint Augustine says
In a note sent to EXTRA, Santo Agostinho highlights that it promotes “awareness of attitudes and values, training in matters linked to relationships, coexistence and violence”. Check it out in full:
“College Santo Agostinho became aware that altered photos of some of our students were circulated through messaging applications.
As a school, we work in the preventive sphere, promoting awareness of attitudes and values, training in issues related to relationships, coexistence and violence, and we intensify school routine moments to learn about some situations and challenges.
We inform you that the College is taking all necessary measures to carefully investigate the facts and is adopting the measures provided for in the School Regulations.
We know about our mission in the education and comprehensive training of our students, as well as everyone’s trust in our College.”